Accident Compensation Act 1985 (Vic)
Version No. 235
Accident Compensation Act 1985
No. 10191 of 1985
Version incorporating amendments as at
1 November 2025
TABLE OF PROVISIONS
Section Page
Part I—Preliminary
Division 1—General
1Short title
2Commencement
3Objects of Act
3AAct binds the Crown
4Application of Act
4AInterpretation
4AACompensation for death of worker
5Definitions
Division 2—Pre-injury average weekly earnings and current weekly earnings
5ADefinition—pre-injury average weekly earnings
5AADefinitions applying to pre-injury average weekly earnings—relevant period
5ABDefinitions applying to pre-injury average weekly earnings—ordinary earnings
5ACDefinition applying to pre-injury average weekly earnings and current weekly earnings—base rate of pay
5ADDefinitions applying to pre-injury average weekly earnings—earnings enhancement and enhancement period
5AEDefinition applying to pre-injury average weekly earnings and current weekly earnings—ordinary hours of work
5BDefinition—current weekly earnings
Part IV—Payment of compensation
Division 1—Application
80Entitlement to compensation only if employment connected with Victoria
81Application to sailors
82Entitlement to compensation
82ACircumstances in which weekly payments are reduced because of conviction for drink-driving offence
82BCircumstances in which weekly payments are reduced because of conviction for drug-driving offence
82BACircumstances in which weekly payments are reduced because of combined drink and drug driving offence
82CNo entitlement to compensation where conviction for certain serious road traffic offences
82DWhere conviction or finding of guilt overturned
83Out of or in the course of employment
84Compensation for workers injured outside Victoria
84BPerson not to be compensated twice
85Entitlement to damages outside Victoria
86Compensation for disease due to employment
87Proclaimed diseases
88Compensation for industrial deafness
89Further diminution of hearing
90Effect of determination for industrial deafness
90AAssessment of lung injury
90BCompensation for serious lung injury
90CCompensation for injury treated with lung transplant surgery
90DFurther impairment related to lung injury
91Assessment of impairment
Division 1A—Determination by courts and recognition of determinations
91ADetermination of State with which worker's employment is connected in proceedings under this Act
91BDetermination by County Court of State with which worker's employment is connected
91CRecognition of previous determinations
91DDetermination may be made by consent
Division 2—Benefits
91EDefinitions applicable to this Division
91EATwice State average weekly earnings
92Compensation for death of a worker
92ARevised compensation for death of worker
92AAReimbursement of expenses incurred by non-dependent family members of a deceased worker
92BWeekly pensions for dependants of worker who dies
92CPayment of weekly pensions
92DProvisional payment
93Compensation in weekly payments
93AWeekly payments in first entitlement period
93BWeekly payments in second entitlement period
93CWeekly payments after the second entitlement period
93CACompensation for incapacity arising from surgery after second entitlement period
93CABReview of impairment arising from surgery after second entitlement period
93CDContinuation of weekly payments after second entitlement period
93CDAEntitlement under section 93CD not affected by certain circumstances
93CECompensation in the form of superannuation contributions
93EInjury after retirement
93EACompensation for incapacity arising after retirement age
93FCompensation after retirement
96Effect of disability or other pensions and lump sums on weekly payments
96ANotification of entitlement to certain payments
97Provisions relating to the payment of compensation
Division 2A—Compensation for maims, pain and suffering and non‑economic loss
98Compensation for maims
98ACompensation for pain and suffering
98CCompensation for non-economic loss
98DPayment of Compensation
98DAEffect of payment of compensation under section 98C or 98E
98ENo Disadvantage—Compensation Table
Division 2B—Compensation for medical and like services
99AAADefinitions
99Liability of Authority and self-insurer
99AAMedical and like services outside Australia
99ABOccupational rehabilitation services
99ACModification of cars and homes
99ADDuration of compensation under this Division
99AETermination of payment for professional services obtained fraudulently
Division 2BA—Provisional payments for mental injuries
99AFDefinition
99AGEntitlement to provisional payments for mental injuries
99AHTo whom provisional payments under this Division are to be paid
99AICertain actions etc. not permitted
99AJMedical and like services outside Australia
99AKProvisional payments not payable for certain accommodation etc.
99ALOccupational rehabilitation services
99AMModification of cars and homes
99ANDuration of provisional payments under this Division
99AOProvisional payments are not compensation
99APTermination of provisional payments for services obtained fraudulently
99AQGuidelines for the purposes of this Division
99ARDisputes about provisional payments
99ASRequests for information about provisional payments
Division 2C—Rehabilitation services prior to acceptance of claim
99AAuthority or self-insurer may pay for rehabilitation service
Division 2D—Indexation
100Indexation—weekly payments
100AIndexation of weekly pensions for dependants of a worker who dies
100BIndexation of certain amounts—according to average weekly earnings
100CIndexation of certain amounts—consumer price index
100DIndexation—no reduction
100EIndexation—rounding
Division 3—Claims management and procedures
103Claim for compensation
103ARestriction on certain claims for compensation under sections 98 and 98A
104Claims for compensation under sections 98 and 98A
104AAWithdrawal of claims for compensation under sections 98 and 98A
104ADirections relating to claim for compensation under sections 98 and 98A
104BClaims for compensation under section 98C
106Lodging of claims with Authority in certain circumstances
110Application by worker to alter amount of weekly payments
114Termination or alteration of weekly payments
114AATermination of compensation in the form of superannuation contributions
114AReduction of weekly payments after the first entitlement period
114BTermination of weekly payments after expiry of entitlement period
114BANotice of reduction of weekly payments
114CTime for payment
114DPayment of weekly payments
114EOutstanding weekly payments
114EAOutstanding superannuation contributions
114EBAlteration or termination of superannuation contributions
114FRecovery of payments
Division 3AA—Employer objections
Division 3A—Voluntary settlements
Subdivision 1—Settlements for certain serious injuries suffered on or after 12 November 1997 and before 20 October 1999
115Who this Subdivision applies to
115ARight to apply for settlement
115BCalculation of settlement amount
115CProcedure for assessment of impairment
115DNotice to worker
115EExisting assessments to be used
115FTransitional provision for workers who have had psychiatric impairment assessed
115GTransitional provisions for workers who have not had psychiatric impairment assessed
115HCertain workers may re-start section 98C claim
115IContinuation of existing claims
Subdivision 2—Settlements for certain injuries suffered on or after 4.00 p.m. on 31 August 1985 and before 1 December 1992
116Who this Subdivision applies to
116ARight to apply for settlement
116BCalculation of settlement amount
116COrder in Council concerning settlements
Subdivision 3—Other settlements in specific circumstances
117Who this Subdivision applies to
117ARight to apply for settlement
117BAmount of settlement
Subdivision 4—Other settlements
118Application of this Subdivision
118ARight to apply for settlement
118BAmount of settlement
118COrder in Council concerning settlements
Subdivision 5—Application procedure
119Expression of interest must first be given
119ATime limits apply to some expressions of interest
119BAuthority or self-insurer must respond to expression of interest
119CApplication for settlement
119DTime limit for making applications
119EAuthority or self-insurer must respond to application
119FTime limit on response to offer
119GPayment and nature of settlement amounts
119HAdjustment of settlement amount offers
119IWorker may withdraw application at any time
119IACircumstances in which offer may be withdrawn or settlement avoided
119JPreclusion of further claims
119KAuthority or self-insurer may extend or waive time limits
119LMinister may issue directions
Division 3C—General
123ANotice to include statement of right of review
123BProhibition on recovery of certain costs
Division 4—Liability for payment of compensation
124Application of Division
125Liability to pay compensation
125ALiability to pay compensation—on or after 4 p.m. on 30 June 1993
125BLiability to pay compensation—recovery
126Provisions to apply where there is no employer
127Provisions to apply where employer does not meet liabilities
Division 5—Payment of compensation
128Provisions relating to payment of compensation
128AInterim payments
Division 6A—Contribution by contributors
129ADefinitions
129BApplication and object of Division
129CContribution in case of contribution injury
129DAssessments
129EEvidence
129FRecovery of amounts assessed as payable
129GReview of assessment
129HInformation
129IRecoveries Review Committee
129JRefund of contributions
129KTime
129LExtension of policies
129MOffences
Division 6AB—Choice of law
129MAThe applicable substantive law for work injury claims
129MBClaims to which Division applies
129MCWhat constitutes injury and employment and who is employer
129MDClaim in respect of death included
129MEMeaning of substantive law
129MFAvailability of action in another State not relevant
Division 6B—Conduct of common law proceedings
129NDefinitions
129OApplication of Division
129PApportionment of liability
129QNotice of proceedings
129RConduct of defence
129SOrder for apportionment of liability
Division 7—Administration by a trustee company
130Certain funds to be administered by trustee company
131Powers of trustee company in relation to administration
132Powers of trustee company to make determinations
Division 8—Insurance of common law liabilities
Division 8A—Actions in respect of injuries arising on or after 20 October 1999 but before 1 July 2014
134AAActions for damages
134ABActions for damages
134ABAADetermination of serious injury application following death of worker
134ABACalculation of limitation of actions period
134ABBCalculation of limitation of actions period
134AFDirections
134AFALegal practitioner may recover costs
134AGLegal costs order
134AGALitigated claims legal costs order—workers
134AGBLitigated claims legal costs order—Authority and self‑insurers
Division 9—Actions in respect of injuries to which Division 8A does not apply
134AActions for damages only in accordance with this Act
135Actions for damages,
135AActions for damages,
135ABDirections
135ACLimitation of Actions Act 1958
135ADLimitation of Actions Act 1958
Division 9A—Actions by terminally ill workers
135BAActions by terminally ill workers
135BBAActions by terminally ill workers continued after death of worker
Division 9B—Actions by workers with asbestos‑related conditions
135BBActions by workers with asbestos-related conditions
Division 9C—Subsequent actions by workers with silica-related conditions
135BCDefinitions
135BDInitial and subsequent award of damages for serious silica-related conditions
135BEOnly one subsequent award of damages permitted
135BFRegard must be had to initial award of damages
135BGRegard must be had to legal costs incurred in initial action
135BHTotal award of damages not to exceed relevant statutory maximum
Division 10—Other actions and rights
135CDamages under Part III of Wrongs Act 1958
136Authority or employer not liable for certain costs and expenses
137Liability of the Transport Accident Commission
137ASettlement between Transport Accident Commission and the Authority
138Indemnity by third party
138ASubstantive law
138BCompensation for pain and suffering
Part VIII—General
252HSupreme Court—limitation of jurisdiction
252ISupreme Court—limitation of jurisdiction
252PSupreme Court—limitation of jurisdiction
Part IX—Savings and transitional provisions—Amending Acts
Division 1—Accident Compensation (Miscellaneous Amendment) Act 1997
254Definition of amending Act
255Section 91 (Assessment of impairment)
Division 2—Accident Compensation (Common Law and Benefits) Act 2000
256Definition of amending Act
257Section 5A (Pre-injury average weekly earnings)
Division 3—Accident Compensation and Transport Accident Acts (Amendment) Act 2003
258Definitions
259Section 5(1) (Definition of injury)
260Section 5(1) (Definition of medical service)
261Section 5A (Pre-injury average weekly earnings)
262Section 82 (Entitlement to compensation)
263Section 86 (Compensation for disease due to employment)
264Section 91 (Assessment of impairment)
265Section 98C (Compensation for non-economic loss)
266Section 99 (Compensation for medical and like services)
267Part IV (Payment of Compensation)
Division 4—Accident Compensation Legislation (Amendment) Act 2004
270Sections 5(1), 88, 89, 91 and 98C—(claims for compensation for further loss of hearing)
272Section 92A (Revised compensation for death of worker)
273Section 93C (Grandfather provision)
274Section 93CB (After the first entitlement period and until the expiry of the second entitlement period)
275Section 93E (Injury after retirement)
276Section 99—occupational rehabilitation services
279Section 104B (Claims for compensation under section 98C)
280Section 119IA (Circumstances in which offer may be withdrawn or settlement avoided)
281Section 134AB (Actions for damages)
282Section 135A (Actions for damages)
283Section 135BA (Actions by terminally ill workers)
Division 5—Accident Compensation (Amendment) Act 2005
284Sections 89, 91 and 98C—(claims for compensation for further loss of hearing)
285Sections 111, 114 and 114B
Division 6—Treasury Legislation (Repeal) Act 2005
286Saving of rights under Miners' Phthisis (Treasury Allowances) Act 1938
Division 7—Accident Compensation and Other Legislation (Amendment) Act 2006
287Section 5A
288Section 16
289Sections 43, 50, 93C, 93CB and 93E
290Section 91
291Section 92A
292Sections 93B, 93CB and 93CD
293Section 93EA
294Section 99
295Sections 114 and 114B
Division 8—Transport Accident and Accident Compensation Acts Amendment Act 2007
296Section 91
297Section 99(1)(aa)
Division 9—State Taxation and Accident Compensation Acts Amendment Act 2007
298Section 99
Division 10—Compensation and Superannuation Legislation Amendment Act 2008
299Section 138 (Indemnity by third party)
Division 11—Asbestos Diseases Compensation Act 2008
300Section 135BB
Division 12—Accident Compensation Amendment Act 2010
301Definitions
302Section 5A
303Section 14(3)
304Section 82
305Sections 82A-82D
312Section 93CA
313Section 93CD
314Section 93CDA
315Section 93CE
316Section 92B
317Sections 96 and 96A
319Section 114
320Section 91
321Section 98C
325Section 134AB (Actions for damages)
326Section 134ABAA (Determination of serious injury application following death of worker)
327Section 135A (Actions for damages)
328Section 135BBA (Actions by terminally ill workers continued after death of worker)
329Section 92 (Compensation for death of a worker)
330Section 92A (Revised compensation for death of worker)
331Section 92AA (Re-imbursement of expenses incurred by non‑dependant family members of a deceased worker)
332Section 92B (Weekly pension for dependants of worker who dies)
333Section 92D (Provisional payment)
347Sections 5(9A) and (10) and 5C to 5E (Remuneration)
348Section 138 (Indemnity by third party)
349Section 138 (Indemnity by third party)
352Retrospective operation of certain instruments of delegation
352ARetrospective operation of certain instruments of delegation
Division 13—Transport Accident and Accident Compensation Legislation Amendment Act 2010
365Definitions
366Sections 5A to 5AE, 5B and Schedule 1A
367Part I, Division 3 and sections 6 to 12, 14 and 15
368Section 82D (Road traffic offences)
368ASection 91(3AAA)
369Section 91E (Benefits—definitions)
370Section 92A (Death of a worker)
371Section 93CE (Superannuation contributions)
372Section 98C (Non-economic loss)
373Section 98E (Total loss)
374Part IV, Division 2B (Compensation for medical and like services)
375Sections 117C to 117G
378Section 134AB (Actions for damages)
382Section 125A(3)
388Section 92B
389Guidelines under section 14AA
Division 14—Justice Legislation Amendment (Miscellaneous) Act 2012
390Effect of repeal of section 134AE
Division 15—Workplace Injury Rehabilitation and Compensation Act 2013
391Workplace Injury Rehabilitation and Compensation Act 2013
Division 16—WorkSafe Legislation Amendment Act 2017
392Amendment of section 99 (Liability of Authority and self-insurer)
393Savings provision—seafarers' claims
Division 17—Treasury and Finance Legislation Amendment Act 2018
394Treasury and Finance Legislation Amendment Act 2018
Division 18—Workplace Safety Legislation and Other Matters Amendment Act 2022
395Section 92B
Division 19—Workplace Injury Rehabilitation and Compensation Amendment Act 2025
396Definition of amending Act
397Sections 93C, 93CD and 97
398Sections 98C and 100C
399Section 99
400Section 92B
Schedules
Schedule 1A—Pre-injury average weekly earnings
Schedule 1—Table to be used to determine settlement amounts under sections 115B and 117B
Schedule 2—Modification to degrees of impairment for the purposes of section 98C
Schedule 3A—Compensation for maims
Schedule 3B—No Disadvantage—Compensation Table
═══════════════
Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 235
Accident Compensation Act 1985
No. 10191 of 1985
Version incorporating amendments as at
1 November 2025
An Act to establish the Accident Compensation Commission, to constitute an Accident Compensation Tribunal, to establish the Victorian Accident Rehabilitation Council, to provide for the payment of compensation, to impose a levy in respect of accident compensation, to provide for the assessment and collection of the levy, to amend the Workers Compensation Act 1958, the Pay-roll Tax Act 1971, the Motor Accidents Act 1973, the Motor Car Act 1958 and certain other Acts and for other purposes.
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
PART I—PRELIMINARY
Division 1—General
1Short title
This Act may be cited as the Accident Compensation Act 1985.
2Commencement
(1)Subject to this section, this Act shall be deemed to have come into operation on the appointed day.
(2)Part VII shall come into operation on the day fixed by proclamation of the Governor in Council published in the Government Gazette.
(3)Section 91 shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
(4)Section 264(4) shall be deemed to have come into operation on 30 June 1985.
(5)Parts I, II and VI and sections 272 and 275 come into operation on the day on which this Act receives the Royal Assent.
(6)The item in Schedule Two which amends section 95 of the Stamps Act 1958 shall be deemed to have come into operation on 1 January 1985.
(7)The item in Schedule Two which amends section 97 of the Stamps Act 1958 shall be deemed to have come into operation on 1 August 1985.
(8)The items in Schedule Two which amend sections 98 and 99 of the Stamps Act 1958 shall be deemed to have come into operation on 30 June 1985.
3Objects of Act
The objects of this Act are—
(a)to reduce the incidence of accidents and diseases in the workplace;
(b)to make provision for the effective occupational rehabilitation of injured workers and their early return to work;
(c)to increase the provision of suitable employment to workers who are injured to enable their early return to work;
(ca)to ensure the accident compensation scheme operates so that all claimants and users of the scheme are treated fairly, respectfully and with dignity;
(cb)to ensure the accident compensation scheme provides a high-quality service to all users of the scheme;
(d)to ensure appropriate compensation and provisional payments under this Act is paid to injured workers in the most socially and economically appropriate manner, as expeditiously as possible;
(e)to ensure workers compensation costs are contained so as to minimise the burden on Victorian businesses;
(f)to establish incentives that are conducive to efficiency and discourage abuse;
(g)to enhance flexibility in the system and allow adaptation to the particular needs of disparate work situations;
(h)to establish and maintain a fully-funded scheme;
(i)in this context, to improve the health and safety of persons at work and reduce the social and economic costs to the Victorian community of accident compensation.
3AAct binds the Crown
(1)This Act binds the Crown—
(a)in right of the State of Victoria; and
(b)to the extent that the legislative power of the Parliament permits, in all its other capacities.
(2)To avoid doubt, the Crown is a body corporate for the purposes of this Act and the regulations.
4Application of Act
(1)Despite anything to the contrary in this Act—
(a)this Act, other than Divisions 6A and 6B of Part IV, applies to and in relation to an injury to a worker on or after the appointed day but before 1 July 2014 arising out of or in the course of employment on or after the appointed day; and
(b)this Act, other than Divisions 6A and 6B of Part IV, does not apply to or in relation to an injury to a worker—
(i)before the appointed day arising out of or in the course of employment before the appointed day; or
(ii)after the appointed day arising out of or in the course of employment solely before the appointed day; and
(c)Divisions 6A and 6B of Part IV apply in relation to an injury, disease or industrial deafness caused to or suffered by a worker before, on or after the appointed day which has arisen out of or in the course of any employment or is due to the nature of any employment in which the worker was employed at any time.
(2)Subsection (1) does not affect the application of Part I or III where it is necessary for those Parts to apply to or in respect of an injury to a worker before the appointed day arising out of or in the course of employment.
(3)Nothing in this Act entitles a worker to compensation in respect of a disease due to the nature of any employment in which the worker was employed unless the worker has been employed in employment of that nature on or after the appointed day but before 1 July 2014.
(4)On and after 1 July 2014, a claim for compensation under this Act must be given, served or lodged in accordance with section 20 of the Workplace Injury Rehabilitation and Compensation Act 2013.
(5)This Act must be read and construed as one with the Workplace Injury Rehabilitation and Compensation Act 2013.
4AInterpretation
(1)If a worker commences or has commenced to receive compensation in the form of weekly payments, the entitlement of that worker to continue to receive weekly payments and the amount of those weekly payments depends upon the provisions of this Act as in force from time to time.
(2)Subsection (1) applies irrespective of the date (whether before or after the commencement of section 4 of the Accident Compensation (Further Amendment) Act 1988 and whether before or after the commencement of any other Act amending this Act, whether enacted before or after the first-mentioned Act)—
(a)on which a worker commences or commenced to receive weekly payments; and
(b)of any claim, notice or application.
* * * * *
(4)Notwithstanding any provision of the Accident Compensation (Amendment) Act 1987, Part IV of this Act as in force prior to the commencement of the relevant provision of that Act applies to and only to the hearing and determination of any application lodged with the Tribunal—
(a)before that commencement; or
(b)after that commencement, in respect of or in relation to a recommendation made before that commencement; or
(c)after that commencement, in relation to a recommendation made after that commencement in respect of an application made before that commencement.
4AACompensation for death of worker
(1)Compensation for the death of a worker is not payable under this Act if compensation for the death of the worker has been paid under the Workers Compensation Act 1958 or has been paid or is payable under the Workplace Injury Rehabilitation and Compensation Act 2013.
(2)If a claim for compensation in respect of the death of a worker is made under the Workers Compensation Act 1958 or the Workplace Injury Rehabilitation and Compensation Act 2013, a claim must not be made under this Act by any dependant of the worker unless the claim made under the Workers Compensation Act 1958 or the Workplace Injury Rehabilitation and Compensation Act 2013 is withdrawn or is rejected.
(3)This section applies in relation to deaths occurring on or after the appointed day but nothing in this section affects any payment of compensation made before the day on which section 4 of the Accident Compensation (Further Amendment) Act 1992 comes into operation.
5Definitions
(1)In this Act—
appointed day means four o'clock in the afternoon of the day before the proclaimed day;
first entitlement period has the meaning given by section 91E;
personal and household service means the provision of one or more of the following of a kind or type, and by a person, approved by the Authority—
(a)attendant care;
(b)counselling;
(c)household help;
(d)transportation costs;
(e)at the request of a medical practitioner, an aid, assistance, appliance, apparatus or service, other than a medical service, hospital service or nursing service—
and includes a rehabilitation service provided under this Act as in force before the commencement of section 80 of the Accident Compensation (WorkCover Insurance) Act 1993;
police officer has the same meaning as in the Victoria Police Act 2013;
prescribed means prescribed by regulations made under the Workplace Injury Rehabilitation and Compensation Act 2013;
proclaimed day means the day fixed under section 2(2);
second entitlement period has the meaning given by section 91E;
weekly payment means compensation in the form of a weekly payment under Division 2 of Part IV.
(2)Unless inconsistent with the context or subject-matter—
(a)words and expressions defined in section 3 of the Workplace Injury Rehabilitation and Compensation Act 2013 have the same meaning in this Act as they have in that Act; and
(b)section 4(1) and (2) and Schedule 1 of the Workplace Injury Rehabilitation and Compensation Act 2013 have effect as if enacted in this Act.
Division 2—Pre-injury average weekly earnings and current weekly earnings
5ADefinition—pre-injury average weekly earnings
(1)In this Act, pre-injury average weekly earnings, in respect of a relevant period in relation to a worker, means, subject to this section, the sum of—
(a)the average of the worker's ordinary earnings during the relevant period (excluding from that period any week during which the worker did not actually work and—
(i)was not on paid leave; or
(ii)was on paid leave at a rate less than the base rate of pay)—
expressed as a weekly sum; and
(b)the worker's earnings enhancement (if any) in the relevant enhancement period.
(2)If a worker has been continuously employed by the same employer for less than 4 weeks before the injury, pre-injury average weekly earnings, in relation to that worker, may be calculated having regard to—
(a)the average of the worker's ordinary earnings that the worker could reasonably have been expected to have earned in that employment, but for the injury, during the period of 52 weeks after the injury expressed as a weekly sum; and
(b)the worker's earnings enhancement (if any) in the relevant enhancement period.
(3)If a worker—
(a)was not a full time worker immediately before the injury; and
(b)at the time of the injury was seeking full time employment; and
(c)had been predominantly a full time worker during the period of 78 weeks immediately before the injury—
pre-injury average weekly earnings, in relation to that worker, means the sum of—
(d)the average of the worker's ordinary earnings while employed during the period of 78 weeks immediately before the injury (excluding from that period any week during which the worker did not actually work and—
(i)was on unpaid leave; or
(ii)was on paid leave at a rate less than the base rate of pay)—
whether or not the employer is the same employer as at the time of the injury, expressed as a weekly sum; and
(e)the worker's earnings enhancement (if any) in the relevant enhancement period.
(4)If a worker is a person engaged by an employer to participate as a contestant in a sporting or athletic activity within the meaning of section 16(1) and the injury is not received while the person is—
(a)participating, or training for or preparing to participate, as a contestant in a sporting or athletic activity; or
(b)travelling between a place of residence and a place where the activity, training or preparation is held—
any remuneration paid or payable in respect of such participation, training, preparation or travel is not to be taken into account in calculating the worker's pre-injury average weekly earnings.
(5)In relation to a worker of a class referred to in column 2 of an item in Schedule 1A, pre‑injury average weekly earnings means the amount determined in accordance with column 3 of that item, expressed as a weekly sum.
(6)In relation to a worker to whom section 7 or 7A applies, the worker's pre-injury average weekly earnings must be calculated with reference to the amounts payable to the worker and deemed to be remuneration under that section, expressed as a weekly sum.
(7)In relation to a worker to whom section 6 or 8 applies, the worker's pre-injury average weekly earnings must be calculated with reference to the amounts payable to the contractor and deemed to be remuneration under that section, expressed as a weekly sum.
5AADefinitions applying to pre-injury average weekly earnings—relevant period
(1)Subject to this section, a reference to the relevant period in relation to pre-injury average weekly earnings of a worker is a reference to—
(a)in the case of a worker who has been continuously employed by the same employer for the period of 52 weeks immediately before the injury, that period of 52 weeks;
(b)in the case of a worker who has been continuously employed by the same employer for less than 52 weeks immediately before the injury, the period of continuous employment by that employer.
(2)Subject to subsection (4), the relevant period, in relation to pre-injury average weekly earnings of a worker who, during the 52 weeks immediately before the injury, voluntarily (otherwise than by reason of an incapacity for work resulting from, or materially contributed to by, an injury which entitles the worker to compensation under this Act)—
(a)alters the ordinary hours of work; or
(b)alters the nature of the work performed by the worker—
and, as a result, the worker's ordinary earnings are reduced, does not include the period before the reduction takes effect.
(3)If, during the period of 52 weeks immediately before the injury, a worker—
(a)is promoted; or
(b)is appointed to a different position—
(otherwise than on a temporary basis) and, as a result, the worker's ordinary earnings are increased, the relevant period in relation to the worker begins on the day on which the promotion or appointment takes effect.
(4)If the relevant period, in relation to the pre‑injury average weekly earnings of a worker during the 52 weeks immediately before the worker's injury would otherwise include a period of time during the prescribed period and the worker's earnings during the period occurring in the prescribed period are reduced for a COVID-19 reason, the relevant period in relation to the worker does not include the period occurring in the prescribed period.
(5)In this section—
COVID-19 reason means, in relation to the reduction of earnings of a worker, that the reduction is a consequence of one or more of the following occurring during the prescribed period because of the COVID-19 pandemic—
(a)the ordinary hours of work of the worker are reduced;
(b)the nature of the work performed by the worker is altered;
(c)the earnings of the worker are reduced;
prescribed period means the period starting on 1 March 2020 and ending on 31 December 2020.
5ABDefinitions applying to pre-injury average weekly earnings—ordinary earnings
(1)Subject to this section, in relation to pre‑injury average weekly earnings, the ordinary earnings of a worker in relation to a week during the relevant period are—
(a)if the worker's base rate of pay is calculated on the basis of ordinary hours worked, the sum of—
(i)the worker's earnings calculated at that rate for ordinary hours in that week during which the worker worked or was on paid leave at the base rate of pay; and
(ii)if the worker receives a piece rate payment or a commission or both a piece rate payment and a commission, the amount of piece rate payments and commissions the worker receives in respect of that week; or
(b)if paragraph (a) does not apply, the actual earnings (other than an amount of a kind referred to in section 5AC(1)(a), (b), (c), (e) or (f)) paid or payable to the worker in respect of that week—
and include—
(c)any other amount (other than an amount of a kind referred to in section 5AC(1)(a), (b), (c), (e) or (f)) for the performance of work by the worker, that, under the worker's terms of employment, the employer is required to apply or deal with on behalf of the worker in accordance with the worker's instructions, in respect of that week; and
(d)the monetary value of—
(i)residential accommodation; and
(ii)use of a motor vehicle; and
(iii)health insurance; and
(iv)education fees—
provided in respect of that week to the worker by the employer for the performance of work by the worker (non-pecuniary benefit).
(2)For the purposes of subsection (1)(d), the monetary value of a non-pecuniary benefit is—
(a)the value that would be the value as a fringe benefit for the purposes of the Fringe Benefits Tax Assessment Act 1986 of the Commonwealth, calculated in accordance with section 5C of this Act, divided by 52; or
(b)in the case of residential accommodation that is not a fringe benefit or is otherwise not subject to fringe benefits tax, the amount that would reasonably be payable for that accommodation, or equivalent accommodation in the same area, in respect of that week if it were let on commercial terms.
(3)A reference to ordinary earnings does not include, and is deemed never to have included, a reference to any employer superannuation contribution.
5ACDefinition applying to pre-injury average weekly earnings and current weekly earnings—base rate of pay
(1)In relation to pre-injury average weekly earnings and current weekly earnings, a reference to a base rate of pay is a reference to the rate of pay payable to a worker for his or her ordinary hours of work but does not include—
(a)incentive based payments or bonuses;
(b)loadings;
(c)monetary allowances;
(d)piece rates or commissions;
(e)overtime or shift allowances;
(f)any separately identifiable amount not referred to in paragraphs (a) to (e).
(2)In relation to pre-injury average weekly earnings and current weekly earnings, if, at the time of the injury—
(a)a worker's base rate of pay is prescribed by an industrial award that applies to the worker; and
(b)the worker's actual rate of pay for ordinary hours is higher than that rate of pay—
the worker's actual rate of pay is to be taken to be the worker's base rate of pay.
5ADDefinitions applying to pre-injury average weekly earnings—earnings enhancement and enhancement period
In relation to pre-injury average weekly earnings—
earnings enhancement, in relation to a worker who—
(a)during the relevant period, worked paid overtime or carried out work that attracted a shift allowance; and
(b)but for the worker's injury or death, would have been likely, at any time during the enhancement period, to have worked paid overtime or carried out work that attracted a shift allowance—
means the amount calculated in accordance with the formula—
where—
Ais the total amount paid or payable to the worker for paid overtime and shift allowances in respect of the relevant period;
Bis the number of weeks during the relevant period during which the worker worked or was on paid annual leave;
enhancement period means—
(a)in relation to compensation in the form of weekly payments to the worker under section 93A or 93B—the first 52 weeks in respect of which such compensation is paid or payable to the worker;
(b)in relation to compensation in the form of weekly payments of pension under section 92B—the first 52 weeks after the death of the worker.
5AEDefinition applying to pre-injury average weekly earnings and current weekly earnings—ordinary hours of work
In relation to pre-injury average weekly earnings and current weekly earnings, the ordinary hours of work—
(a)in the case of a worker to whom an industrial award applies are—
(i)if the ordinary hours of work in relation to a week are agreed or determined in accordance with an industrial award between the worker and the employer—those hours;
(ii)in any other case, the worker's average weekly hours during the relevant period (excluding from that period any week during which the worker did not actually work and was not on paid leave at the base rate of pay);
(b)in the case of a worker to whom an industrial award does not apply—
(i)if the ordinary hours of work are agreed between the worker and the employer, those hours;
(ii)in any other case, the worker's average weekly hours during the relevant period (excluding from that period any week during which the worker did not actually work and was not on paid leave at the base rate of pay).
5BDefinition—current weekly earnings
In this Act, current weekly earnings of a worker in relation to a week means—
(a)if the worker's base rate of pay is calculated on the basis of ordinary hours worked, the sum of—
(i)the worker's earnings so calculated for the ordinary hours worked during that week; and
(ii)amounts paid or payable for overtime or shift allowances in respect of that week; and
(iii)amounts paid or payable as piece rates or commissions in respect of that week; or
(b)if paragraph (a) does not apply, the worker's actual earnings (other than an amount of a kind referred to in section 5AC(1)(a), (b), (c) or (f)) in respect of that week.
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PART IV—PAYMENT OF COMPENSATION
Division 1—Application
80Entitlement to compensation only if employment connected with Victoria
(1)There is no entitlement to compensation under this Act other than in respect of employment that is connected with this State.
(2)The fact that a worker is outside this State when the injury happens does not prevent an entitlement to compensation arising under this Act in respect of employment that is connected with this State.
(3)A worker's employment is connected with—
(a)the State in which the worker usually works in that employment; or
(b)if no State or no one State is identified by paragraph (a), the State in which the worker is usually based for the purposes of that employment; or
(c)if no State or no one State is identified by paragraph (a) or (b), the State in which the employer's principal place of business in Australia is located.
(4)In the case of a worker working on a ship, if no State or no one State is identified by subsection (3), a worker's employment is, while working on a ship, connected with the State in which the ship is registered or (if the ship is registered in more than one State) the State in which the ship most recently became registered.
(5)If no State is identified by subsection (3) or (if applicable) (4), a worker's employment is connected with this State if—
(a)a worker is in this State when the injury happens; and
(b)there is no place outside Australia under the legislation of which the worker may be entitled to compensation for the same matter.
(6)In deciding whether a worker usually works in a State, regard must be had to the worker's work history with the employer over the preceding 12 months and the intentions of the worker and employer. However, regard must not be had to any temporary arrangement under which the worker works in a State for a period of not longer than 6 months.
(7)Subject to subsection (6), in determining whether a worker usually works in a State or is usually based in a State for the purposes of employment, regard must be had to any period during which a worker works in a State or is in a State for the purposes of employment whether or not under the statutory workers compensation scheme of that State the person is regarded as a worker or as working or employed in that State.
(8)Compensation under this Act does not apply in respect of the employment of a worker on a ship if the Seafarers Rehabilitation and Compensation Act 1992 of the Commonwealth applies to the worker's employment.
(9)In this section—
ship means any kind of vessel used in navigation by water, however propelled or moved, and includes—
(a)a barge, lighter, or other floating vessel; and
(b)an air-cushion vehicle, or other similar craft—
used wholly or primarily in navigation by water;
State includes—
(a)Territory; and
(b)the offshore area, within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth, of the relevant State or Territory.
81Application to sailors
(1)In this section—
port includes place or harbour;
sailor means any person working in any capacity on board a ship;
ship has the same meaning as in section 80.
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(2)This Act applies with the following modifications in respect of an injury that happens on a ship to a sailor working on the ship where the sailor's employment is connected with Victoria—
(a)except where the sailor is the master, the notice of injury and the claim for compensation may be served on the master of the ship as if the master were the employer;
(b)if the injury happens and the incapacity commences on board the ship it shall not be necessary to give any notice of injury;
(c)a claim for compensation in respect of the death of a sailor shall be made within six months after notice of the death has been received by the claimant;
(d)if a ship is lost with all hands a claim for compensation in respect of the death of a sailor shall be made within 18 months after the date on which the ship is deemed under subsection (3) to have been lost with all hands;
(e)if a sailor dies without leaving any dependants compensation shall not be payable if the owner or charterer of the ship is liable to pay the expenses of burial or cremation under any Act in force in Victoria;
(f)weekly payments shall not be payable for any period during which the owner or charterer of the ship is liable to pay the expenses of maintenance of any injured sailor;
(g)notwithstanding any limitation of liability in any other law, compensation shall be paid in full.
(3)Without prejudice to any other means of proof available—
(a)a ship shall be deemed to have been lost with all hands on board if it is shown by an official return produced out of official custody or other evidence that the ship left a port of departure at least 12 months before the institution of proceedings under this Act and has not been heard of since that departure; and
(b)a duplicate agreement or list of the crew of a ship lost with all hands made out and produced by the proper officer out of official custody shall in the absence of proof to the contrary be sufficient evidence that the sailors named were on board at the time the ship was lost.
82Entitlement to compensation
(1)If there is caused to a worker an injury arising out of or in the course of any employment, the worker shall be entitled to compensation in accordance with this Act.
(2)If there is caused to a worker an injury arising out of or in the course of any employment which results in or materially contributes to the death of the worker, the worker's dependants shall be entitled, subject to this Act, to compensation in accordance with this Act.
Note
Subsections (1) and (2), as amended by sections 3(3) and 3(4) of the Accident Compensation and Transport Accident Acts (Amendment) Act 2003, only apply to injuries that occur on or after the date of commencement of section 3 of that Act—see section 262.
(2A)There is no entitlement to compensation in respect of an injury to a worker if the injury is a mental injury caused wholly or predominantly by any one or more of the following—
(a)management action taken on reasonable grounds and in a reasonable manner by or on behalf of the worker's employer; or
(b)a decision of the worker's employer, on reasonable grounds, to take, or not to take any management action; or
(c)any expectation by the worker that any management action would, or would not, be taken or a decision made to take, or not to take, any management action; or
(d)an application under section 81B of the Local Government Act 1989 (as in force before its repeal), or proceedings as a result of that application, in relation to the conduct of a worker who is a Councillor within the meaning of section 14AA.
(2B)There is no entitlement to compensation in respect of a heart attack injury or stroke injury that arises in the course of, or that was caused by, a disease, unless the worker's employment was a significant contributing factor to the injury or to the disease.
(2C)There is no entitlement to compensation in respect of the following injuries unless the worker's employment was a significant contributing factor to the injury—
(a)a heart attack injury or stroke injury to which subsection (2B) does not apply;
(b)a disease contracted by a worker in the course of the worker's employment (whether at, or away from, the place of employment);
(c)a recurrence, aggravation, acceleration, exacerbation or deterioration of any pre‑existing injury or disease.
Note
Sections 82(2B) and 82(2C) only apply to injuries that occur on or after the date of commencement of section 3 of the Accident Compensation and Transport Accident Acts (Amendment) Act 2003—see section 262.
(3)If it is proved that an injury to a worker (whether or not intended to be inflicted) was deliberately or wilfully self-inflicted, there is no entitlement to compensation in respect of that injury.
(4)Subject to sections 82A, 82B, 82BA and 82C, if it is proved that an injury to a worker is attributable to the worker's serious and wilful misconduct (including, but not limited to, being under the influence of intoxicating liquor or a drug or both), there is no entitlement to compensation in respect of that injury.
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(5)Subsection (4) shall not apply if the injury results in death or severe injury.
(6)Subject to subsections (2B) and (2C), if a worker suffers an injury which occurs by way of a gradual process over time and which is due to the nature of employment in which the worker was employed at any time before notice of the injury was given, the worker or the worker's dependants shall be entitled to compensation under this Act as if the injury were an injury arising out of or in the course of employment.
(7)If it is proved that before commencing employment with the employer—
(a)a worker had a pre-existing injury or disease of which the worker was aware; and
(b)the employer in writing—
(i)advised the worker as to the nature of the proposed employment; and
(ii)requested the worker to disclose all pre‑existing injuries and diseases suffered by the worker of which the worker was aware and could reasonably be expected to foresee could be affected by the nature of the proposed employment; and
(iii)advised the worker that subsection (8) will apply to a failure to make such a disclosure or the making of a false or misleading disclosure; and
(iv)advised the worker as to the effect of subsection (8) on the worker's entitlement to compensation; and
(c)the worker failed to make such a disclosure or made a false or misleading disclosure—
subsection (8) applies.
(8)If this subsection applies, any recurrence, aggravation, acceleration, exacerbation or deterioration of the pre-existing injury or disease arising out of or in the course of or due to the nature of employment with the employer does not entitle the worker to compensation under this Act.
(9)If this section operates to prevent a worker or the worker's dependants recovering compensation in respect of an injury, the worker or the worker's dependants cannot rely on this section to claim to be entitled to take any other action or proceedings in respect of the injury whether under this Act or otherwise.
(10)In this section—
management action, in relation to a worker, includes, but is not limited to, any one or more of the following—
(a)appraisal of the worker's performance;
(b)counselling of the worker;
(c)suspension or stand-down of the worker's employment;
(d)disciplinary action taken in respect of the worker's employment;
(e)transfer of the worker's employment;
(f)demotion, redeployment or retrenchment of the worker;
(g)dismissal of the worker;
(h)promotion of the worker;
(i)reclassification of the worker's employment position;
(j)provision of leave of absence to the worker;
(k)provision to the worker of a benefit connected with the worker's employment;
(l)training a worker in respect of the worker's employment;
(m)investigation by the worker's employer of any alleged misconduct—
(i)of the worker; or
(ii)of any other person relating to the employer's workforce in which the worker was involved or to which the worker was a witness;
(n)communication in connection with an action mentioned in any of the above paragraphs;
permanent blindness means—
(a)a field of vision that is constricted to 10 degrees or less of arc from central fixation in the better eye, irrespective of corrected visual acuity; or
(b)a corrected visual acuity of less than 6/60 on the Snellen Scale in both eyes; or
(c)a combination of visual defects resulting in the same degree of visual loss as referred to in paragraph (a) or (b);
severe injury means—
(a)a significant acquired permanent brain injury;
(b)permanent paraplegia;
(c)permanent quadriplegia;
(d)amputation of a limb, hand or foot;
(e)full thickness burns that—
(i)cause permanent severe disfigurement to the head or neck or an arm or a lower leg; or
(ii)result in a significant permanent inability to undertake the necessary activities of daily living;
(f)an injury that results in permanent blindness;
(g)a brachial plexus injury that results in the permanent effective loss of the use of a limb;
(h)a physical internal injury that results in a significant permanent inability to undertake the necessary activities of daily living.
82ACircumstances in which weekly payments are reduced because of conviction for drink-driving offence
(1)This section applies if—
(a)a worker's incapacity for work results from, or is materially contributed to by, an injury that—
(i)entitles the worker to compensation in the form of weekly payments; and
(ii)was caused by a transport accident involving a motor vehicle of which the worker was the driver at the time of the accident; and
(b)in respect of such driving, the worker is convicted or found guilty of an offence under section 49(1)(b), (f) or (g) of the RoadSafety Act 1986 or under a law that is declared to be a corresponding law under section 47A(2) of the Road Safety Act 1986.
(2)In respect of a worker to whom section 52 of the Road Safety Act 1986 applies, compensation in the form of weekly payments under this Part is reduced for a period of 130 weeks (whether or not consecutive) from the date on which notice of the reduction is given to the worker in accordance with section 114(10)—
(a)if the level of alcohol in the worker's blood was more than zero grams and less than 0·12 grams per 100 millilitres of blood or in the worker's breath was more than zero grams and less than 0·12 grams per 210 litres of exhaled air—by one third;
(b)if the level of alcohol in the worker's blood was not less than 0·12 grams and less than 0·24 grams per 100 millilitres of blood or in the worker's breath not less than 0·12 grams and less than 0·24 grams per 210 litres of exhaled air—by two thirds.
(3)In respect of a worker (other than a worker to whom section 52 of the Road Safety Act 1986 applies), compensation in the form of weekly payments under this Part is reduced for a period of 130 weeks (whether or not consecutive) from the date on which notice of the reduction is given to the worker in accordance with section 114(10)—
(a)if the level of alcohol in the worker's blood was not less than 0·05 grams, and less than 0·12 grams per 100 millilitres of blood or in the worker's breath not less than 0·05 grams and less than 0·12 grams per 210 litres of exhaled air—by one third;
(b)if the level of alcohol in the worker's blood was not less than 0·12 grams and less than 0·24 grams per 100 millilitres of blood or in the worker's breath not less than 0·12 grams and less than 0·24 grams per 210 litres of exhaled air—by two thirds.
(4)This section does not apply if—
(a)the injury results in death or is a severe injury within the meaning of section 82; or
(b)the worker satisfies the Authority or self‑insurer that the concentration of, or presence of, alcohol in the blood or the breath of the worker did not contribute in any way to the injury.
82BCircumstances in which weekly payments are reduced because of conviction for drug-driving offence
(1)This section applies if—
(a)a worker's incapacity for work results from, or is materially contributed to by, an injury that—
(i)entitles the worker to compensation in the form of weekly payments; and
(ii)was caused by a transport accident involving a motor vehicle of which the worker was the driver at the time of the accident; and
(b)in respect of such driving, the worker is convicted or found guilty of an offence under section 49(1)(bb), (h) or (i) of the Road Safety Act 1986 or under a law of another State or of a Territory that is declared to be a corresponding law under section 47A(2) of the Road Safety Act 1986.
(2)Compensation in the form of weekly payments under this Part is reduced by one third for a period of 130 weeks (whether or not consecutive) from the date on which notice of the reduction was given to the worker under section 114(10).
(3)This section does not apply—
(a)if the injury results in death or is a severe injury within the meaning of section 82; or
(b)the worker satisfies the Authority or self‑insurer that the concentration of, or presence of, drugs in his or her blood or oral fluid did not contribute in any way to the injury.
82BACircumstances in which weekly payments are reduced because of combined drink and drug driving offence
(1)This section applies if—
(a)a worker's incapacity for work results from, or is materially contributed to by, an injury that—
(i)entitles the worker to compensation in the form of weekly payments; and
(ii)was caused by a transport accident involving a motor vehicle of which the worker was the driver at the time of the accident; and
(b)in respect of such driving, the worker is convicted or found guilty of an offence under section 49(1)(bc) or (j) of the Road Safety Act 1986 or under a law of another State or of a Territory that is declared to be a corresponding law under section 47A(2) of the Road Safety Act 1986.
(2)Compensation in the form of weekly payments under this Part is reduced for a period of 130 weeks (whether or not consecutive) from the date on which notice of the reduction was given to the worker under section 114(10) by—
(a)in any case, one third; and
(b)if the level of alcohol in the worker's blood was not less than 0·12 grams and less than 0·24 grams per 100 millilitres of blood or in the worker's breath not less than 0·12 grams and less than 0·24 grams per 210 litres of exhaled air—by an additional one third.
(3)This section does not apply if—
(a)the injury results in death or is a severe injury within the meaning of section 82; or
(b)the worker satisfies the Authority or self‑insurer that the following did not contribute in any way to the injury—
(i)the concentration, or presence, of alcohol in the blood or breath of the worker;
(ii) the concentration, or presence, of drugs in the blood or oral fluid of the worker;
(iii)the combination of matters referred to in subparagraphs (i) and (ii).
82CNo entitlement to compensation where conviction for certain serious road traffic offences
(1)A worker is not entitled to compensation under this Act in respect of an injury if—
(a)the injury was caused by a transport accident involving a motor vehicle of which the worker was the driver at the time of the accident; and
(b)in respect of that driving, the worker is convicted or found guilty of an offence under—
(i)section 49(1)(b), (bc), (f), (g) or (j) of the Road Safety Act 1986 and the level of alcohol in the worker's blood was 0·24 grams or more per 100 millilitres of blood or in the worker's breath was 0·24 grams or more per 210 litres of exhaled air; or
(ii)sections 49(1)(a), (ba), (c), (ca), (d), (e), (ea) or (eb), 56(2) or 56(7) of the Road Safety Act 1986; or
(iii)section 318 or 319 of the Crimes Act 1958 or a corresponding law;
(iv)a law of another State or of a Territory that is declared to be a corresponding law under section 47A(2) of the Road Safety Act 1986.
(1A)For the purposes of this section, the Minister may by Order published in the Government Gazette declare a law of another State or a Territory, including a law that has been repealed or has expired, to be a corresponding law for the purposes of this section.
(2)This section does not apply—
(a)if the injury results in death or is a severe injury within the meaning of section 82; or
(b)where the worker is convicted or found guilty of an offence specified in subsection (1)(b)(i) or (iii) (other than an offence under section 49(1)(bc) or (j) of the Road Safety Act 1986), the worker satisfies the Authority or self-insurer that the concentration of, or presence of, alcohol in his or her blood or breath, or the concentration of, or presence of, drugs in his or her blood or oral fluid, did not contribute in any way to the injury; or
(c)where the worker is convicted or found guilty of an offence under section 49(1)(bc) or (j) of the Road Safety Act 1986, the worker satisfies the Authority or self‑insurer that the following did not contribute in any way to the injury—
(i)the concentration, or presence, of alcohol in the blood or breath of the worker;
(ii) the concentration, or presence, of drugs in the blood or oral fluid of the worker;
(iii)the combination of matters referred to in subparagraphs (i) and (ii).
82DWhere conviction or finding of guilt overturned
If—
(a)compensation in the form of weekly payments to a worker—
(i)has been reduced in accordance with section 82A, 82B or 82BA; or
(ii)in accordance with section 82C, is not payable—
after the worker has been convicted or found guilty of an offence; and
(b)the conviction or finding is overturned on appeal—
the Authority or self-insurer must pay to the worker, subject to and in accordance with this Act—
(c)the amount by which each weekly payment had been reduced, or the amount that had not been paid, together with interest at the prescribed rate on each such amount, in respect of the period from the date on which the payment was due until the date on which the amount is paid; and
(d)all amounts of compensation not paid in accordance with section 82C and to which, but for the conviction or finding of guilt, the worker would have been entitled.
83Out of or in the course of employment
(1)An injury to a worker is deemed to arise out of or in the course of employment for the purposes of section 82(1) and 82(2) if the injury occurs—
(a)while the worker on any working day that the worker attended at the place of employment having been present at the place of employment is temporarily absent on that day during any authorised recess and does not during that absence voluntarily subject himself or herself to any abnormal risk of injury;
(b)while the worker is, having regard to the nature of the worker's employment or any specific task which may require the worker to travel, travelling for the purposes of the worker's employment;
(c)while the worker is in attendance at any school for the purposes of any trade, technical or other training which the worker is required to attend by the terms of his or her employment or as an apprentice or which the worker is expected to attend by the employer; and
(d)while the worker is in attendance at any place for the purpose of obtaining a medical certificate, receiving medical, surgical or hospital advice, attention or treatment, receiving a personal and household service or an occupational rehabilitation service or receiving a payment of compensation in connection with any injury for which the worker is entitled to receive compensation or for the purpose of submitting to a medical examination required by or under this Act.
(2)For the purposes of this section—
(a)place of employment where there is no fixed place of employment includes the whole area, scope or ambit of employment;
(b)travelling for the purposes of a worker's employment does not include travelling to and from the worker's place of employment or the places referred to in subsections (1)(c) and (1)(d);
(c)an injury incurred while travelling for the purposes of a worker's employment is deemed not to have arisen out of or in the course of any employment if the injury occurred during or after any substantial interruption of or substantial deviation from the worker's journey made for a reason unconnected with his or her employment;
(d)an injury is deemed to arise out of or in the course of employment even though at the time that the injury happened the worker was—
(i)acting in contravention of any regulation (whether by or under an Act or otherwise) applicable to the work; or
(ii)acting without instructions from the employer—
if the act was done by the worker for the purposes of and in connection with the employer's trade or business.
84Compensation for workers injured outside Victoria
(1)Where an employer who resides or has a place of business in Victoria engages a worker in Victoria and an injury is caused to or suffered by the worker outside Australia in circumstances which had the injury occurred in Victoria would have entitled the worker or the worker's dependants to compensation—
(a)the worker; or
(b)in the case of the death of the worker, the worker's dependants—
shall be entitled to compensation in accordance with this Act.
(2)If an injury is caused to or suffered by a worker outside Australia who is employed by the Crown, any administrative unit or any public statutory body constituted by or under the law of Victoria in circumstances which had the injury occurred in Victoria would have entitled the worker or the worker's dependants to compensation—
(a)the worker; or
(b)in the case of the death of the worker, the worker's dependants—
shall be entitled to compensation in accordance with this Act.
(3)For the purposes of this Act a worker who—
(a)is employed by the Crown, any administrative unit or any public statutory body constituted by or under the law of Victoria; and
(b)is directed by the Crown, administrative unit or public statutory body to work for or under the direction of any other person outside Victoria (whether within or outside Australia)—
shall be deemed to continue to be employed by the Crown, administrative unit or public statutory body.
(4)This section does not apply in respect of an injury caused to or suffered by a worker outside Australia if the worker—
(a)has never resided in Australia; or
(b)had ceased to reside in Australia at the time the injury occurred.
84BPerson not to be compensated twice
(1)Compensation under this Act is not payable in respect of an injury to the extent that compensation has been received in respect of the same injury under the laws of a place other than this State (whether within or outside Australia).
(2)If a person receives compensation under this Act in respect of an injury and, in respect of the same injury, subsequently receives compensation under the laws of a place other than this State (whether within or outside Australia), the person from whom compensation under this Act is received may, in a court of competent jurisdiction, sue and recover from the person the amount described in subsection (3).
(3)The amount that is recoverable under subsection (2) is—
(a)the amount of compensation paid under this Act; or
(b)the amount of compensation received under the laws of the place other than this State—
whichever is less.
85Entitlement to damages outside Victoria
(1)This section shall apply where an injury is caused to or suffered by a worker which gives the worker a right of action under the law of any place outside Victoria (whether within or outside Australia) in circumstances which would otherwise have entitled the worker or the worker's dependants to compensation under this Act.
(2)Subject to subsection (3), if—
(a)damages has not been paid or recovered; and
(b)judgment for damages has not been given or entered—
in respect of the injury under the law of any place outside Victoria (whether within or outside Australia), the worker or in the case of the death of the worker the worker's dependants shall be entitled to compensation under this Act as if there were no right of action under the law of any place outside Victoria.
(3)A person who has a right of action in respect of an injury under the law of any place outside Victoria (whether within or outside Australia) shall not be entitled to claim compensation in respect of the injury under this Act if in respect of the injury under the law of any place outside Victoria—
(a)the person has been paid or recovered any amount of damages;
(b)judgment for damages has been given or entered;
(c)any payment into court has been accepted;
(d)there has been a settlement or compromise of any claim; or
(e)any action for damages is pending.
(4)If—
(a)damages has been paid or recovered; or
(b)judgment for damages has been given or entered—
in respect of the injury under the law of any place outside Victoria (whether within or outside Australia) the worker or in the case of the death of the worker the worker's dependants shall not be entitled to compensation under this Act.
(5)The worker or in the case of the death of the worker the worker's dependants shall not be entitled to compensation under this Act if a payment into court has been accepted by the worker or the worker's dependants in proceedings or a settlement or compromise of a claim has been made in respect of the injury under the law of any place outside Victoria (whether within or outside Australia).
(6)If a person—
(a)receives compensation under this Act in respect of any injury; and
(b)subsequently obtains damages or an award of damages, accepts a payment into court or settles or compromises a claim in respect of the injury under the law of any place outside Victoria (whether within or outside Australia)—
the Authority, employer or a self-insurer shall be entitled to recover from that person the amount of compensation paid under this Act or an amount equal to the damages or payment obtained or made, settled or compromised whichever is the lesser amount.
(7)Any dispute under subsection (6) shall be determined by a court of competent jurisdiction.
(8)Unless a worker produces satisfactory evidence to the contrary, any amount recovered or to be recovered by a worker under the law of any place outside Victoria (whether within or outside Australia) as damages in respect of an injury shall be presumed to be damages for the same injury in respect of which the worker claims compensation or a right of action under this Act.
86Compensation for disease due to employment
(1)Subject to section 82(2B), if—
(a)a worker suffers a disease that results in, or materially contributes to, the worker having either a current work capacity or no current work capacity; or
(b)the death of a worker is caused, or materially contributed to, by a disease—
and the disease is due to the nature of any employment in which the worker was employed at any time before notice of an injury relating to the disease is given under section 102, the worker or the worker's dependants are entitled to compensation under this Act as if the disease were an injury arising out of or in the course of employment.
Note
current work capacity is defined (section 5(1)) as a present inability arising from an injury such that the worker is not able to return to his or her pre-injury employment but is able to return to work in suitable employment.
(1A)For the purposes of subsection (1), a disease suffered by a worker is to be regarded as due to the nature of employment if, and only if, the nature of the employment gave rise to a significantly greater risk of the worker contracting the disease than had the worker not been employed in employment of that nature.
(2)Despite subsection (1), compensation is not payable in respect of a disease to the extent that the disease consists of, is caused by, results in or is associated with a heart attack injury or a stroke injury unless the worker's employment was a significant contributing factor to the disease or to the injury.
Note
This section in its current form only applies to injuries that occur on or after the date of commencement of section 3 of the Accident Compensation and Transport Accident Acts (Amendment) Act 2003—see section 263.
87Proclaimed diseases
(1)The Governor in Council, after consultation by the Minister with the Authority, may by proclamation published in the Government Gazette from time to time proclaim diseases in relation to places, processes or occupations for the purpose of this section.
(2)Without derogating from section 86, if at the time a claim was made a proclamation under subsection (1) was in force and—
(a)the worker has been employed at any place or in any process or occupation proclaimed under subsection (1); and
(b)has contracted a disease specified in relation to that place, process or occupation—
then the disease shall be deemed to be due to the nature of the employment at such place or in such process or occupation unless the employer or the Authority or a self-insurer, as the case may be, proves to the contrary.
(3)A disease contracted by a worker shall be deemed to be a disease specified in a proclamation under subsection (1) in relation to a place, process or occupation if the Authority, self-insurer, a Conciliation Officer or the County Court (as the case requires) is satisfied that the disease contracted is substantially the same disease as the disease specified in the proclamation.
88Compensation for industrial deafness
(1)Industrial deafness or a proportion of industrial deafness which has occurred in circumstances which do not create any liability to pay compensation under this Act shall be excluded from the assessment of deafness for the purposes of calculating compensation under this section.
(2)Compensation for industrial deafness shall be in accordance with this section and section 89 and Divisions 2, 2A and 2B.
(3)Unless the Authority, self-insurer, a Conciliation Officer, the Medical Panel or the County Court (as the case requires) determines otherwise industrial deafness shall be deemed to have occurred at a constant rate within the total number of years of exposure to industrial noise in employment.
(4)Notwithstanding subsection (3) and subject to subsection (5), if a worker sustains industrial deafness, the injury is deemed to have been sustained by the worker on the last day on which the worker was—
(a)performing duties; or
(b)exposed to conditions—
by reason of which the injury was due to the nature of the worker's employment or arose out of or in the course of the worker's employment.
(5)Notwithstanding subsection (3), if a worker sustains industrial deafness and on the day on which the worker gives, serves or lodges a claim for compensation in respect of the injury, the worker is still—
(a)performing duties; or
(b)exposed to conditions—
by reason of which the injury is due to the nature of the worker's employment or arises out of or in the course of employment, the injury is deemed to have been sustained on that day.
89Further diminution of hearing
(1)In this section and sections 88, 91 and 98C—
Compensation law means this Act, the Workers Compensation Act 1958 or any other workers compensation law of the Commonwealth or a State or Territory of the Commonwealth;
further injury means a further loss of hearing in respect of industrial deafness after a worker has on one or more occasions suffered a prior injury;
prior hearing loss means a loss of hearing for which a worker has received compensation under a Compensation law for loss of hearing;
prior injury means industrial deafness for which the worker has received or become entitled to receive compensation for loss of hearing.
(2)Subject to subsection (3A), a worker who suffers a further injury shall be entitled to receive in respect of the further injury, in addition to any other compensation payable under section 88, compensation in accordance with section 98C(3A), being compensation referrable to a percentage calculated in accordance with subsection (3) of the amount that would have been payable for a total loss of hearing.
Coroners Act 2008, No. 77/2008
Assent Date: 11.12.08 Commencement Date: S. 129(Sch. 2 item 2) on 1.11.09: s. 2 Current State: This information relates only to the provision/s amending the Accident Compensation Act 1985
Relationships Amendment (Caring Relationships) Act 2009, No. 4/2009
Assent Date: 10.2.09 Commencement Date: S. 37(Sch. 1 item 1) on 1.12.09: s. 2(2) Current State: This information relates only to the provision/s amending the Accident Compensation Act 1985
Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009
Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 3) on 1.1.10: Government Gazette 10.12.09 p. 3215 Current State: This information relates only to the provision/s amending the Accident Compensation Act 1985
Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009
Assent Date: 24.11.09 Commencement Date: S. 54(Sch. Pt 1 item 1), (Sch. Pt 2 item 1) on 1.1.10: s. 2(2) Current State: This information relates only to the provision/s amending the Accident Compensation Act 1985
State Taxation Acts Further Amendment Act 2009, No. 83/2009
Assent Date: 8.12.09 Commencement Date: S. 39 on 1.3.10: Government Gazette 18.2.10 p. 288 Current State: This information relates only to the provision/s amending the Accident Compensation Act 1985
Transport Legislation Amendment (Hoon Boating and Other Amendments) Act 2009, No. 93/2009
Assent Date: 15.12.09 Commencement Date: S. 49(5) on 17.12.09: Government Gazette 17.12.09 p. 3339 Current State: This information relates only to the provision/s amending the Accident Compensation Act 1985
Accident Compensation Amendment Act 2010, No. 9/2010 (as amended by No. 80/2010)
Assent Date: 23.3.10 Commencement Date: S. 52 on 3.12.03: s. 2(2); s. 49(1) on 12.12.07: s. 2(3); s. 57(4)(5) on 17.6.09: s. 2(4); ss 53–54(5), 54(7)(8), 55, 57(2)(3), 60, 67, 68(1)(3)–(10)(13), 70(1) on 10.12.09: s. 2(5); ss 42, 45(3) on 1.1.10: s. 2(6); ss 59, 63, 191 on 24.3.10: s. 2(1); ss 3–8, 12–17, 19–21,
28–41, 43–45(2), 45(4)–48, 49(2)–51, 54(6), 56, 57(1), 57(6)–58, 61, 62, 64–66, 68(2)(11)(12), 69, 70(2)–74(2), 75–90, 121–123, 142–177 on 5.4.10: s. 2(7); ss 9–11, 22–27, 74(3)(4), 91, 92, 94–99,
124–136 on 1.7.10: s. 2(8)Current State: This information relates only to the provision/s amending the Accident Compensation Act 1985
Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010
Assent Date: 30.3.10 Commencement Date: S. 51(Sch. item 2) on 1.7.10: s. 2(2) Current State: This information relates only to the provision/s amending the Accident Compensation Act 1985
Subordinate Legislation Amendment Act 2010, No. 78/2010
Assent Date: 19.10.10 Commencement Date: S. 24(Sch. 1 item 1) on 1.1.11: s. 2(1) CurrentState: This information relates only to the provision/s amending the Accident Compensation Act 1985
Transport Accident and Accident Compensation Legislation Amendment Act 2010, No. 80/2010 (as amended by No. 29/2011)
Assent Date: 19.10.10 Commencement Date: S. 90 on 10.12.09: s. 2(2); ss 48, 53(2), 63, 124 on 5.4.10: s. 2(3); ss 107–109 on 1.7.10: s. 2(4); s. 64 on 29.7.10: s. 2(5); ss 15, 16, 17(1)–(3), 18, 19(1), 30(1), 32, 34–45, 47, 49, 52, 53(1), 54–60, 65–79, 85–89, 91–106, 110–123, 125–130 on 20.10.10: s. 2(1); ss 21–23, 50, 51, 80–84 on 1.11.10: Government Gazette 28.10.10 p. 2584; ss 17(4)–(8), 19(2), 20,
24–29, 30(2), 31, 33, 61, 62 on 1.7.11: s. 2(6); s. 46 on 1.1.12: s. 2(8)Current State: This information relates only to the provision/s amending the Accident Compensation Act 1985
Statute Law Revision Act 2011, No. 29/2011
Assent Date: 21.6.11 Commencement Date: S. 3(Sch. 1 item 2) on 22.6.11: s. 2(1) CurrentState: This information relates only to the provision/s amending the Accident Compensation Act 1985
Education and Training Reform Amendment (Skills) Act 2011, No. 76/2011
Assent Date: 13.12.11 Commencement Date: S. 15 on 1.7.11: s. 2(4); s. 16 on 14.12.11: s. 2(1) CurrentState: This information relates only to the provision/s amending the Accident Compensation Act 1985
Accident Compensation Amendment (Repayments and Dividends) Act 2012, No. 18/2012
Assent Date: 24.4.12 Commencement Date: 25.4.12: s. 2 CurrentState: All of Act in operation
Disability Amendment Act 2012, No. 22/2012
Assent Date: 8.5.12 Commencement Date: S. 84 on 1.7.12: s. 2(2) CurrentState: This information relates only to the provision/s amending the Accident Compensation Act 1985
Health Professions Registration (Repeal) Act 2012, No. 27/2012
Assent Date: 29.5.12 Commencement Date: Ss 7, 8 on 1.7.12: s. 2 CurrentState: This information relates only to the provision/s amending the Accident Compensation Act 1985
Statute Law Revision Act 2012, No. 43/2012
Assent Date: 27.6.12 Commencement Date: S. 3(Sch. item 1) on 28.6.12: s. 2(1) CurrentState: This information relates only to the provision/s amending the Accident Compensation Act 1985
Civil Procedure Amendment Act 2012, No. 62/2012
Assent Date: 30.10.12 Commencement Date: S. 23 on 24.12.12: Special Gazette (No. 429) 11.12.12 p. 1 CurrentState: This information relates only to the provision/s amending the Accident Compensation Act 1985
Justice Legislation Amendment (Miscellaneous) Act 2012, No. 68/2012
Assent Date: 20.11.12 Commencement Date: Ss 3, 4 on 1.1.13: s. 2(2) CurrentState: This information relates only to the provision/s amending the Accident Compensation Act 1985
Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012
Assent Date: 18.12.12 Commencement Date: Ss 170, 171, 283 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2; s. 304 on 11.2.13: s. 2(5) CurrentState: This information relates only to the provision/s amending the Accident Compensation Act 1985
Co-operatives National Law Application Act 2013, No. 9/2013
Assent Date: 13.3.13 Commencement Date: S. 42(Sch. 2 item 1) on 3.3.14: Special Gazette (No. 46) 18.2.14 p. 1 Current State: This information relates only to the provision/s amending the Accident Compensation Act 1985
Heavy Vehicle National Law Application Act 2013, No. 30/2013
Assent Date: 4.6.13 Commencement Date: S. 60(Sch. item 1) on 10.2.14: Special Gazette (No. 28) 4.2.14 p. 1 CurrentState: This information relates only to the provision/s amending the Accident Compensation Act 1985
Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013, No. 43/2013
Assent Date: 28.6.13 Commencement Date: S. 33 on 30.6.14: s. 2(4) CurrentState: This information relates only to the provision/s amending the Accident Compensation Act 1985
Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013, No. 55/2013
Assent Date: 24.9.13 Commencement Date: S. 11 on 1.1.14: s. 2(3) CurrentState: This information relates only to the provision/s amending the Accident Compensation Act 1985
Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013 (as amended by No. 44/2014)
Assent Date: 12.11.13 Commencement Date: Ss 630(3), 641 on 5.4.10: s. 2(3); ss 628(1), 643 on 20.10.10: s. 2(5); s. 626(7) on 1.7.11: s. 2(5A); s. 630(6) on 1.7.12: s. 2(6); ss 626(1)–(6), 628(2)–(4), 629, 630(1)(2)(4)(5)(10)(11), 631–633, 637(4), 642 on 13.11.13: s. 2(2); ss 624, 625, 627, 630(7)–(9), 634–636, 637(1)–(3), 638–640, 644–646 on 1.7.14: s. 2(1) CurrentState: This information relates only to the provision/s amending the Accident Compensation Act 1985
Education and Training Reform Amendment (Dual Sector Universities) Act 2013, No. 76/2013
Assent Date: 17.12.13 Commencement Date: S. 20 on 1.1.14: s. 2(4) CurrentState: This information relates only to the provision/s amending the Accident Compensation Act 1985
Legal Profession Uniform Law Application Act 2014, No. 17/2014 (as amended by No. 8/2015)
Assent Date: 25.3.14 Commencement Date: S. 160(Sch. 2 item 1) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 Current State: This information relates only to the provision/s amending the Accident Compensation Act 1985
Mental Health Act 2014, No. 26/2014
Assent Date: 8.4.14 Commencement Date: S. 455(Sch. item 1) on 1.7.14: s. 2(1) CurrentState: This information relates only to the provision/s amending the Accident Compensation Act 1985
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 2) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 CurrentState: This information relates only to the provision/s amending the Accident Compensation Act 1985
Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014
Assent Date: 27.6.14 Commencement Date: Ss 26–29 on 13.11.13: s. 2(3); s. 30 on 5.4.10: s. 2(4); s. 33(Sch. item 1) on 30.6.14: s. 2(5) CurrentState: This information relates only to the provision/s amending the Accident Compensation Act 1985
Road Safety Amendment Act 2014, No. 49/2014[37]
Assent Date: 1.7.14 Commencement Date: Ss 49–53 on 1.8.15: s. 2(3) Current State: This information relates only to the provision/s amending the Accident Compensation Act 1985
Privacy and Data Protection Act 2014, No. 60/2014[38]
Assent Date: 2.9.14 Commencement Date: S. 140(Sch. 3 item 2) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 CurrentState: This information relates only to the provision/s amending the Accident Compensation Act 1985
Courts Legislation Miscellaneous Amendments Act 2014, No. 62/2014
Assent Date: 9.9.14 Commencement Date: S. 9 on 10.11.14: Special Gazette (No. 364) 14.10.14 p. 1 CurrentState: This information relates only to the provision/s amending the Accident Compensation Act 1985
Statute Law Revision Act 2015, No. 21/2015
Assent Date: 16.6.15 Commencement Date: S. 3(Sch. 1 item 2) on 1.8.15: s. 2(1) Current State: This information relates only to the provision/s amending the Accident Compensation Act 1985
Treasury and Finance Legislation Amendment Act 2016, No. 41/2016
Assent Date: 28.6.16 Commencement Date: S. 4 on 1.7.14: s. 2(2) CurrentState: This information relates only to the provision/s amending the Accident Compensation Act 1985
Compensation Legislation Amendment Act 2016, No. 73/2016
Assent Date: 13.12.16 Commencement Date: S. 3 on 14.12.16: s. 2(1); s. 4 on 1.7.17: s. 2(3) CurrentState: This information relates only to the provision/s amending the Accident Compensation Act 1985
WorkSafe Legislation Amendment Act 2017, No. 48/2017
Assent Date: 26.9.17 Commencement Date: Ss 3–6 on 27.9.17: s. 2(1) CurrentState: This information relates only to the provision/s amending the Accident Compensation Act 1985
Treasury and Finance Legislation Amendment Act 2018, No. 49/2018
Assent Date: 25.9.18 Commencement Date: Ss 39–42 on 26.9.18: s. 2 Current State: This information relates only to the provision/s amending the Accident Compensation Act 1985
Local Government Act 2020, No. 9/2020
Assent Date: 24.3.20 Commencement Date: S. 390(Sch. 1 item 2) on 24.10.20: s. 2(3)(f) CurrentState: This information relates only to the provision/s amending the Accident Compensation Act 1985
COVID-19 Omnibus (Emergency Measures) Act 2020, No. 11/2020
Assent Date: 24.4.20 Commencement Date: S. 61 on 25.4.20: s. 2 Current State: This information relates only to the provision/s amending the Accident Compensation Act 1985
COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020, No. 27/2020
Assent Date: 20.10.20 Commencement Date: Ss 17, 18 on 21.10.20: s. 2 Current State: This information relates only to the provision/s amending the Accident Compensation Act 1985
Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020, No. 35/2020
Assent Date: 17.11.20 Commencement Date: S. 54 on 18.11.20: s. 2(1) CurrentState: This information relates only to the provision/s amending the Accident Compensation Act 1985
Workplace Injury Rehabilitation and Compensation Amendment (Provisional Payments) Act 2021, No. 5/2021
Assent Date: 23.2.21 Commencement Date: Ss 32–38 on 1.7.21: Special Gazette (No. 293) 16.6.21 p. 1 Current State: This information relates only to the provision/s amending the Accident Compensation Act 1985
Social Services Regulation Act 2021, No. 37/2021 (as amended by No. 40/2022)
Assent Date: 21.9.21 Commencement Date: S. 388 on 1.7.24: s. 2(2) CurrentState: This information relates only to the provision/s amending the Accident Compensation Act 1985
Workplace Safety Legislation and Other Matters Amendment Act 2022, No. 10/2022
Assent Date: 16.3.22 Commencement Date: Ss 11–14 on 17.3.22: s. 2(2); ss 3–10 on 1.7.22: s. 2(3) CurrentState: This information relates only to the provision/s amending the Accident Compensation Act 1985
Local Government Legislation Amendment (Rating and Other Matters) Act 2022, No. 30/2022
Assent Date: 9.8.22 Commencement Date: S. 43 on 24.10.20: s. 2(2) CurrentState: This information relates only to the provision/s amending the Accident Compensation Act 1985
Disability and Social Services Regulation Amendment Act 2023, No. 9/2023
Assent Date: 23.5.23 Commencement Date: S. 253 on 1.7.24: s. 2(3) CurrentState: This information relates only to the provision/s amending the Accident Compensation Act 1985
Statute Law Amendment (References to the Sovereign) Act 2023, No. 25/2023
Assent Date: 5.9.23 Commencement Date: S. 7(Sch. 1 item 1) on 6.9.23: s. 2 CurrentState: This information relates only to the provision/s amending the Accident Compensation Act 1985
Workplace Injury Rehabilitation and Compensation Amendment (WorkCover Scheme Modernisation) Act 2024, No. 8/2024
Assent Date: 13.3.24 Commencement Date: Ss 27−30 on 31.3.24: s. 2(2) CurrentState: This information relates only to the provision/s amending the Accident Compensation Act 1985
Workplace Injury Rehabilitation and Compensation Amendment Act 2025, No. 27/2025
Assent Date: 5.8.25 Commencement Date: Ss 40–53 on 6.8.25: s. 2(1); ss 54, 55 on 1.11.25: Special Gazette (No. 588) 28.10.25 p. 1 CurrentState: This information relates only to the provision/s amending the Accident Compensation Act 1985
Statute Law Revision Act 2025, No. 41/2025
Assent Date: 21.10.25 Commencement Date: S. 3(Sch. 1 item 2) on 22.10.25: s. 2 CurrentState: This information relates only to the provision/s amending the Accident Compensation Act 1985
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Explanatory details
[1] S. 5:
S. 5 amended by Nos 10255 s. 8(1)(a)(b), 83/1987 s. 6, 64/1989 ss 5, 35(a), 45/1990 s. 109(a)–(c), 18/1991 s. 4, 67/1992 ss 6, 7, 64(7)(a)(8)(a), 50/1993 ss 78(1)(c), 80, 23/1994 s. 118(Sch. 1 item 1.1), 50/1994 ss 5, 6, 92(4), 62/1994 s. 68, 85/1995 s. 9(a), 98/1995 s. 65(Sch. 1 item 1), 7/1996 ss 3(1)(2)(4)(5), 4, 26(4), 47/1996 s. 15, 60/1996 s. 4(1)(2), 63/1996 s. 98(Sch. item 1.1), 78/1997 s. 97(Sch. item 1.1), 80/1997 s. 50, 107/1997 ss 3, 4, 5(1)–(3), 8(2), 30(1), 52/1998 s. 311(Sch. 1 item 1.1), 81/1998 s. 19(1), 26/2000 s. 3, 41/2000 s. 102(Sch. item 1), 97/2000 s. 41(Sch. 2 item 1), 11/2001 s. 3(Sch. item 2.1), 27/2001 s. 4(Sch. 2 items 1.1–1.3), 82/2001 s. 12(1)(a), 95/2003 ss 3(1)(2), 4(1), 71/2004 s. 3, 102/2004 ss 17(1), 31, 18/2005 s. 18(Sch. 1 item 1.1), 28/2005 s. 9, 97/2005 s. 182(Sch. 4 item 1), 24/2006 s. 6.1.2(Sch. 7 item 1.1), 41/2006 s. 15(1), 60/2007 ss 22, 23, 29(a), 68/2007 s. 21, 12/2008 s. 73(1)(Sch. 1 item 1), 66/2008 s. 30(1), 4/2009 s. 37(Sch. 1 item 1), 9/2010 ss 3, 28, 32(a), 51(2)(a), 64 (as amended by No. 80/2010 s. 159(k)), 74, 94, 124, 130(1), 145, 146, 13/2010 s. 51(Sch. item 2), 80/2010 ss 17, 19, 20, 62(a), 85, 29/2011 s. 3(Sch. 1 item 2.1), 82/2012 ss 170, 304(a)(b), 67/2013 s. 626(1) (as amended by No. 44/2014 s. 24(26)), 26/2014 s. 455(Sch. item 1), substituted by No. 67/2013 s. 625.
[2] Pt 1 Div. 3 (Heading and ss 5F–17):
Pt 1 Div. 3 (Heading and ss 5F–17) amended by Nos 10255 s. 8(2)(a), 48/1986 ss 4–7, 83/1987 s. 7, 64/1989 s. 37(1)(a)(i) (as amended by No. 18/1991 s. 12(3)) (ii), 34/1990 s. 7(1), 45/1990 s. 109(d), 67/1992 s. 64(7)(a), 50/1993 ss 78(1)(a)(d), 83, 50/1994 ss 9–12, 92(5), 84/1996 s. 467(Sch. 6 item 1.1), 107/1997 ss 5(5)–(7), 7, 8(1), 81/1998, s. 19(2)–(5), 74/2000 s. 3(Sch. 1 item 1.1), 35/2001 s. 8, 82/2001 s. 12(1)(b)(2), 40/2004 s. 3, 28/2005 s. 7, 41/2006 s. 4, 9/2010 ss 9–11, 80/2010 ss 24–26, 27 (as amended by No. 29/2011 s. 3(Sch. 1 item 97)), 28–35, 76/2011 ss 15, 16, 43/2012 s. 3(Sch. items 1.1, 1.2), 9/2013 s. 42(Sch. 2 item 1), 43/2013 s. 33, 67/2013 s. 626(7) (as amended by No. 44/2014 ss 22, 24(26)), 76/2013 s. 20, 37/2014 s. 10(Sch. item 2.2), repealed by No. 67/2013 s. 627(2).
[3] Pt 2 (Headings and ss 18–38):
Pt 2 (Headings and ss 18–38) amended by Nos 10255 s. 8(3), 48/1986 ss 8(1)(2), 9, 83/1987 ss 8–13, 13/1988 s. 7(b), 18/1988 s. 4, 50/1988 s. 93(2)(Sch. 2 Pt 2 item 1), 64/1989 ss 7, 11(1), 12–14, 18/1991 s. 12(1)(b)(c), substituted as Pt 2 (Headings and ss 18–38B) by No. 67/1992 s. 9, amended by Nos 50/1993 ss 73, 74, 78(1), 81(a), 84(1)(2), 85, 86, 110(1)(a), 31/1994 s. 4(Sch. 2 item 1), 50/1994 ss 13–22, 42/1995 s. 224(Sch. 2 item 1), 100/1995 s. 10(1)(Sch. 1 item 1), 7/1996 ss 5–7, 13/1996 ss 4–8, 60/1996 ss 5, 6, 45/1997 s. 3, 107/1997 ss 9, 10, 46/1998 s. 7(Sch. 1), 52/1998 s. 311(Sch. 1 item 1.2), 81/1998 ss 20, 21, 11/2001 s. 3(Sch. item 2.2), 82/2001 s. 9(a), 95/2003 s. 6, 102/2004 s. 35(1)(2), 107/2004 s. 177, 108/2004 s. 117(1)(Sch. 3 items 1.1–1.3), 28/2005 ss 13, 14, 31/2005 s. 35, 46/2005 ss 3–5, 80/2006 s. 26(Sch. item 1.1), 66/2008 s. 30(2)–(5), 9/2010 ss 96, 125, 132, 147–150, 80/2010 ss 36–40, 122(1)(a)(b), 18/2012 ss 3, 4, 82/2012 s. 283, repealed by No. 67/2013 s. 627(3).
[4] Pt 3 (Headings and ss 39–80):
Pt 3 (Headings and ss 39–80) amended by Nos 48/1986 ss 10, 11, 12(a)–(e), 13, 17(2), 33(2), 83/1987 ss 14–17(1) (2)(a)–(c) (as amended by No. 64/1989 s. 57(3)(a)) (3), 18–28, 29(2), 30–34, 13/1988 s. 7(c)–(f), 50/1988 s. 93(2)(Sch. 2 Pt 2 item 1), 19/1989 s. 16(Sch. items 1.1, 1.2), 64/1989 s. 15(1)–(3), substituted as Pt 3 (Headings and ss 39–73D) by No. 64/1989 s. 8, amended by No. 18/1991 s. 12(1)(d)–(f), substituted as Pt 3 (Headings and ss 39–68) by No. 67/1992 s. 10, amended by Nos 50/1993 ss 78(1)
(c)–(f)(h)(2)(a), 81(b)(c), 87(1), 88(1)(2), 89, 90, 110(1)(b)(c), 50/1994 ss 23–32, 60(2), 109/1994 s. 34(1), 7/1996 ss 8(1)(2), 9, 10(1), 11(1), 12–15, 24(2), 35/1996 s. 453(Sch. 1 items 1.1, 1.2), 60/1996 ss 7(1)–(3), 8, 18(a)(b), 107/1997 ss 11(1)–(3)(7)(a), 12–17, 18(1)(2), 19–21, 30(5), 35(6), 46/1998 s. 7(Sch. 1), 52/1998 s. 311(Sch. 1 item 1.2), 81/1998 ss 22, 27, 26/2000 ss 5–12, 20(1), 82/2001 ss 4, 8, 9(b), 10, 11, 13, 60/2003 s. 19, 102/2004 ss 3, 13, 29, 108/2004 s. 117(1)(Sch. 3 item 1.4), 28/2005 ss 15, 16, 21, 41/2006 ss 5(1)(2), 6–8, 80/2006 s. 26(Sch. item 1.2), 69/2009 s. 54(Sch. Pt. 1 item 1), 9/2010 ss 29, 38, 65, 66(1), 75–90, 151, 156, 157, 80/2010 ss 41–45, 78(a)(b), 82(a)(b), 67/2013 s. 632(a)(b), repealed by No. 67/2013 s. 627(3).
[5] S. 92(1): Section 37(2) of the Accident Compensation (Amendment) Act 1994, No. 50/1994 reads as follows:
37County Court to determine compensation for death
(2)The Principal Act as amended by subsection (1) applies to determinations made after the commencement of this section.
[6] S. 92(3): See note 5.
[7] S. 92(4): See note 5.
[8] S. 92(6): See note 5.
[9] S. 92(7): See note 5.
[10] S. 93B: Section 16(8) of the Accident Compensation (Amendment) Act 1996, No. 7/1996 reads as follows:
16Weekly payments
(8)Despite section 4A of the Accident Compensation Act 1985—
(a)the Accident Compensation Act 1985 as in force after the commencement of this section applies in respect of the entitlement of a worker to weekly payments unless paragraph (b) applies; and
(b)the Accident Compensation Act 1985 as in force before the commencement of this section continues to apply in respect of the entitlement of a worker to weekly payments where the period of 104 weeks of incapacity has expired before the commencement of this section.
[11] S. 98(2AA): Section 41(2) of the Accident Compensation (Amendment) Act 1994, No. 50/1994 reads as follows:
41Industrial deafness
(2)After section 98(2) of the Principal Act insert—
"(2AA)Compensation is not payable under this section for a loss of hearing unless the percentage of the diminution of hearing is at least 7.".
Section 41(4) of the Accident Compensation (Amendment) Act 1994, No. 50/1994 reads as follows:
41Industrial deafness
(4)Section 98 of the Principal Act as amended by subsections (1) and (2) applies in respect of claims for compensation made on or after 1 April 1994.
Subsection (2AA) inserted by section 41(2) of the Accident Compensation (Amendment) Act 1994, No. 50/1994 was in force from 1 April to 1 July 1994.
[12] S. 98(2AA): Section 41(5) of the Accident Compensation (Amendment) Act 1994, No. 50/1994 reads as follows:
41Industrial deafness
(5)Section 98 of the Principal Act as amended by subsection (3) applies in respect of claims for compensation made on or after commencement of this subsection.
Section 41(5) came into operation on 1 July 1994.
[13] S. 98(2A): Section 63(1) of the Accident Compensation (WorkCover) Act 1992, No. 67/1992 (as amended by section 65(1) of the Accident Compensation (Amendment) Act 1994, No. 50/1994, section 50(1) of the Accident Compensation (Amendment) Act 1996, No. 7/1996, section 30(1) of the Accident Compensation (Further Amendment) Act 1996, No. 60/1996 and section 62 of the Accident Compensation (Miscellaneous Amendment) Act 1997, No. 107/1997) reads as follows:
63Supreme Court—limitation of jurisdiction
(1)It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent—
(a)the Supreme Court exercising jurisdiction conferred on, or excluded from the jurisdiction of, the County Court under section 39(1) or 40(1)(a) or (c) of the Principal Act as amended by this Act and as amended by section 11 of the Accident Compensation (Miscellaneous Amendment) Act 1997;
(b)the Supreme Court exercising jurisdiction conferred on the Magistrates' Court under section 43(1) of the Principal Act as amended by this Act;
(c)an appeal on the merits to the Supreme Court from an opinion of a Medical Panel under section 45(1)(c) or section 99AB(1)(c) or a determination under section 98(2B) by a person and in the manner approved by a Medical Panel under section 98(2A) of the Principal Act as amended by this Act or the Authority or a self-insurer under section 115 or 115A(8) of the Principal Act as so amended but not to alter or vary section 85 of the Constitution Act 1975 so as to affect the jurisdiction of the Supreme Court to grant any other relief or remedy;
(d)the Supreme Court making a judgment or order for damages or approving a settlement or compromise in an amount exceeding the limits or without the reductions referred to in section 135 of the Principal Act as inserted by section 46(1) of this Act and as amended by section 64 of the Accident Compensation (Amendment) Act 1994 and as amended by section 46 of the Accident Compensation (Miscellaneous Amendment) Act 1997 or in section 135A of the Principal Act as inserted by section 46(3) of this Act and as amended by section 64 of the Accident Compensation (Amendment) Act 1994 and as amended by sections 32 and 33 of the Accident Compensation (Amendment) Act 1996 and as amended by section 11 of the Accident Compensation (Further Amendment) Act 1996 and as amended by section 47 of the Accident Compensation (Miscellaneous Amendment) Act 1997;
(e)the Supreme Court making a judgment or Order for damages or approving a settlement or compromise in respect of an injury arising before 1 December 1992, except in the circumstances specified in section 135B of the Principal Act as inserted by section 46(3) of this Act and as amended by section 64 of the Accident Compensation (Amendment) Act 1994.
[14] S. 98(2A): See note 12.
[15] S. 98(2AB): See note 12.
[16] S. 98(2B): See note 13.
[17] S. 99B (repealed): Section 26(5) of the Accident Compensation (Amendment) Act 1996, No. 7/1996 reads as follows:
26Amendment of section 99—reasonable costs
(5)The Accident Compensation Act 1985 as in force on the commencement of this section applies to services or provisions rendered on or after that commencement.
[18] Pt 4 Div. 2D: See Government Gazette of 26 June 2025 pages 1343–1350 for Notice of Indexed Benefit Levels and Other Amounts.
[19] S. 114(9): See note 10.
[20] S. 114B(2): See note 10.
[21] S. 114B(3): See note 10.
[22] S. 114B(4): See note 10.
[23] S. 114B(5): See note 10.
[24] Pt 4 Div. 7: Section 63(2) of the Accident Compensation (Amendment) Act 1994, No. 50/1994 reads as follows:
63Administration by State Trust Corporation of Victoria
(2)The Principal Act as amended by subsection (1) applies in respect of payments of compensation to which section 130 of the Principal Act applies which are paid after the commencement of subsection (1).
[25] S. 130: Section 63(3)(4) of the Accident Compensation (Amendment) Act 1994, No. 50/1994 read as follows:
63Administration by State Trust Corporation of Victoria
(3)Subject to subsection (4), payments of compensation to which section 130 of the Principal Act applies which have been paid to the Authority in accordance with the Principal Act as in force before the commencement of subsection (1) are to continue to be administered by the Authority in accordance with the Principal Act as in force before that commencement.
(4)On the appointed day—
(a)the administration of payments of compensation to which subsection (3) applies is transferred to the State Trust Corporation of Victoria; and
(b)the Authority must transfer to the State Trust Corporation of Victoria such assets (including any money) as the Authority determines to be equivalent in value to the value of payments of compensation administered by the Authority.
[26] S. 135: See note 13.
[27] S. 135: Section 64(11) of the Accident Compensation (Amendment) Act 1994, No. 50/1994 reads as follows:
64Amendment of sections 135, 135A and 135B
(11)The amendments made to the Principal Act by this section—
(a)do not affect the rights of the parties in the proceeding known as Jim Isaac Robart v. Matchplan Pty. Ltd. (In Liquidation) (No. 7267 of 1993) in the Supreme Court of Victoria; and
(b)do not affect any order or liability to pay costs, or payment of costs, made before the date on which the Accident Compensation (Amendment) Act 1994 receives the Royal Assent.
[28] S. 135A: See note 13.
[29] S. 135A: See note 27.
[30] S. 135A(2A): Section 32(2) of the Accident Compensation (Amendment) Act 1996, No. 7/1996 reads as follows:
32Amendment of section 135A
(2)Section 135A of the Accident Compensation Act 1985 as amended by this section applies in respect of any proceedings brought on or after the commencement of this section.
[31] S. 135A(2B): See note 30.
[32] S. 135A(2C): See note 30.
[33] S. 135A(3A): Section 33(3) of the Accident Compensation (Amendment) Act 1996, No. 7/1996 reads as follows:
33Amendment of section 135A—"serious injury"
(3)This section does not affect the rights of the parties in any proceedings commenced and determined before 16 May 1996.
[34] Pt 5 (Heading and ss 139–155):
Pt 5 (Heading and ss 139–155) amended by Nos 48/1986 ss 24, 25, 83/1987 s. 76, 64/1989 ss 21, 22, 37(1)(d), 18/1991 s. 12(1)(k)–(m), 67/1992 s. 64(7)(a)(8)(c)(10), 83/1992 s. 184(Sch. 6 item 1), 50/1993 ss 103–108, 109(1)(2), 50/1994 ss 68–70, 71(1)(2), 72–75, 7/1996 ss 34–38, 47/1996 s. 22, 60/1996 ss 23, 24(1), 25(a), 46/1998 s. 7(Sch. 1), 52/1998 s. 311(Sch. 1 item 1.8), 81/1998 s. 31, 26/2000 s. 25(4), 11/2001 s. 3(Sch. item 2.3), 28/2005 ss 3–5, 10, 46/2005 s. 6, 34/2007 s. 3, substituted by No. 9/2010 s. 126 (as amended by No. 80/2010 s. 159(m)), amended by Nos 80/2010 ss 98–103, 104(a)–(g), 43/2012 s. 3(Sch. item 1.5), 82/2012 s. 283, repealed by No. 67/2013 s. 639.
[35] Pt 6 (Heading and ss 156–178):
Pt 6 (Heading and ss 156–178) amended by Nos 48/1986 s. 26, 83/1987 ss 77–82(6) (as amended by No. 64/1989 s. 37(3)(c))(7), 83–86, 18/1988 ss 5, 6(1)(2), 64/1989 ss 16(1), 17–19, 35(k)–(m), 18/1991 ss 8(a)(b), 12(1)(n)(o), repealed by No. 67/1992 s. 48, new Pt 6 (Heading and s. 156) inserted by No. 67/1992 s. 49, amended by No. 50/1993 ss 81(h), 92(3)(b), 109(3), substituted as Pt 6 (Heading and ss 156–164) by No. 50/1994 s. 76, amended by Nos 47/1996 s. 23, 107/1997 ss 30(11)(w)(x), 52, 55(2), 81/1998 s. 26(1), 95/2003 ss 10, 11(b), 12, 102/2004 s. 24(2), 24/2006 s. 6.1.2(Sch. 7 item 1.2), 69/2006 s. 224(Sch. 3 item 1), repealed by No. 9/2010 s. 131.
[36] S. 253: The amendment proposed by section 24(Schedule 1 item 1) of the Subordinate Legislation Amendment Act 2010, No. 78/2010 is not included in this publication due to the earlier substitution of section 253 by section 123 of the Transport Accident and Accident Compensation Legislation Amendment Act 2010, No. 80/2010.
——
GROUNDS FOR TERMINATION OF WEEKLY AND MEDICAL AND LIKE BENEFITS (AS AN AID TO UNDERSTANDING)
This table is intended for reference purposes only and, in accordance with section 36 of the Interpretation of Legislation Act 1984, does not form part of the Accident Compensation Act 1985. For more specific detail on the operation of the provisions referenced in the table, refer to relevant sections of the Act.
| Grounds for Termination | AC Act section as at 1 July 2010 |
| Worker is no longer entitled to weekly payments. This includes where worker is no longer incapacitated for pre-injury employment. | 14(2)(b) |
| Worker obtained payments fraudulently. | 114(3) |
| Grounds for Termination | AC Act section as at 1 July 2010 |
| Worker returns to work full time within first or second entitlement period. | 114(2)(c)(i) |
| Worker leaves Victoria, has their employment terminated for misconduct, resigns or reduces the hours worked for reasons unrelated to their capacity and in circumstances that do not invoke the exception that operates in s.93CDA. | 114(2A) |
| Weekly payments have been paid or are payable for a claimed injury for a total of {104/130)Error! Bookmark not defined. weeks (whether consecutive or not) and the worker is assessed by the Authority or self-insurer as: · having a current work capacity; or · having no current work capacity but this is not likely to continue indefinitely; or · where the worker is a pre-12 November 1997 claimant, not to have sustained a serious injury. | 93C(1) |
| Grounds to Reduce, Suspend or Vary Entitlement | AC Act Section as at 1 July 2010 |
| Worker ceases to reside in Australia and cannot provide evidence that they have no work capacity and will continue to do so indefinitely | 97(2) |
| Worker injured within 130 weeks of retirement age or after retirement age and has received payments for 130 weeks. | 93E |
| Worker is beyond retirement age (and who doesn’t have an entitlement under section 93E) and has received weekly payments for 13 weeks due to incapacity which resulted from in patient hospital treatment.1 | 93EA(1), 93EA(3) |
| Worker receiving weekly payments for an incapacity arising from surgery after the second entitlement period.2 | 93CA and 114(9A) |
| Worker reaches retirement age, unless the injury was sustained within 130 weeks of retirement age or after retirement age (s.93E). | 93F |
| Grounds to Reduce, Suspend or Vary Entitlement | AC Act Section as at 1 July 2010 |
| Worker did not make reasonable efforts to actively participate and co-operate in planning for the worker’s return to work in co-operation with the employer, Authority or self-insurer. | 205* and 200 |
| Worker did not use an occupational rehabilitation service provided in accordance with sections 99 and 99A (Division 2C) and co-operate with the provider of that service. | 205* and 201 |
| Worker did not, when requested to do so by the employer, Authority or self-insurer, actively participate and co-operate in any assessment of— (a) capacity for work, (b) rehabilitation progress, (c) future employment prospects. | 205* and 202 |
| Worker did not make reasonable efforts to return to work in suitable employment or pre-injury employment at the worker’s place of employment or at another place of employment, in co-operation with the employer, Authority or self-insurer. | 205* and 203 |
| Worker did not participate in an interview with the representative of the Authority or self-insurer for the purpose of enhancing the worker’s opportunities to return to work, and actively participate and co‑operate in the interview to comply with his or her obligations under Division 3 of Part VIIB, and as required by the Authority or self-insurer. | 205* and 204 |
| Judgment is obtained, or a compromise or settlement made in respect of common law proceedings and pecuniary loss damages are awarded.3 | 134AB(36)/135(18) |
| Reduction of weekly payment amount | |
| Worker returns to work full time within first or second entitlement period. | 114(2)(c)(i) |
| Worker who does not have capacity for pre injury employment but has returned to work in some capacity and changes their hours of work (subject to 114(2A)). | 114(2)(c)(ii) |
| Grounds to Reduce, Suspend or Vary Entitlement | AC Act Section as at 1 July 2010 |
| Payments for regular overtime or shift allowances are no longer included in PIAWE. | 114(2)(c)(iii) |
| Non-entitlement period | |
| Worker temporarily absent from Australia for more than 28 days.4 | 97(2A) |
| Worker imprisoned. | 97(7) |
| Worker is in receipt of any disability, retirement or superannuation pension or receives income from superannuation or retirement benefit lump sum amount that has not been deposited with a complying superannuation fund or a complying approved deposit fund.5 | 96 |
| Suspension of weekly payments | |
| Worker unreasonably refuses to submit to or unreasonably obstructs a medical examination. | s 67(4) & 67(5), s 112(2) & (4) |
| Expenses claimed are not reasonable and/or necessary. | 99(1), 99(2) |
| Grounds to Terminate Entitlement to Medical and Like Expenses | AC Act Section as at 1 July 2010 |
| Services claimed are not for an injury which creates an entitlement to compensation under the Act. | 99(1) |
| 52 weeks after entitlement to weekly payments has ceased unless: · Worker has received a common law settlement or award of pecuniary loss damages under this act or section 93 of the Transport Accident Act 1986 or accepts a voluntary settlement of weekly payments; | |
| · The worker has returned to work and could not remain at work unless the medical and like service was provided, the worker requires surgery or the worker is assessed as having a serious injury under s.91E of the Act; | 99(11), 99(12), 99(13) |
| Grounds to Terminate Entitlement to Medical and Like Expenses | AC Act Section as at 1 July 2010 |
| · The worker requires modification of a prosthesis; · The medical and like services is essential to ensuring the worker’s health or ability to undertake necessary tasks of daily living does not significantly deteriorate. |
1 Not technically a ground for termination as section 93EA(3) makes it clear a worker is entitled to a limited period of payments only (13 weeks) if this section applies. No termination is required however a worker’s entitlement ceases after the period specified.
2 As above, not a ground for termination but this section limits the period of payments and a worker’s entitlement ceases after the period specified.
* Section 205 establishes a multi stage process where a worker does not comply with their return to work obligations imposed under sections 200, 201, 202, 203 and 204 (Division 3). The procedure is designed to encourage workers to return to work and section 205 provides the Authority or self insurer may either suspend or terminate weekly payments or cease and determine entitlement. See section 205 for details on the operation of this provision.
3 Entitlement ceases but no notice of termination is required.
4 Non entitlement period applies after 28 days.
5 Section 96(2) relates to a lump sum and section 96(6) relates to a pension. These sections may also apply to reduce weekly payment amount.
[37] Table of Amendments: The amendment proposed by section 53 of the Road Safety Amendment Act 2014, No. 49/2014 is not included in this publication due to the earlier repeal of sections 239AAA, 239AAB and 239AAC by section 640 of the Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013.
Section 53 reads as follows:
53Access to information
(1)In sections 239AAA(1)(a) and 239AAB(1)(a)(ii) of the Accident Compensation Act 1985, after "82B" insert ", 82BA".
(2)In paragraph (d) of the definition of relevant information in section 239AAC(2) of the Accident Compensation Act 1985, after "82B" insert ", 82BA".
[38]
Table of Amendments: The amendment proposed by section 140
(Schedule 3 item 2) of the Privacy and Data Protection Act 2014, No. 60/2014 is not included in this publication due to the earlier repeal of section 239AAA by section 640 of the Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013.
Schedule 3 item 2 reads as follows:
2Accident Compensation Act 1985
2.1In section 239AAA(3), for the words and expressions commencing "any relevant standards" and ending at the end of the subsection substitute "any relevant law enforcement data security standards issued under the Privacy and Data Protection Act 2014.".
0
0
0