Country Fire Authority Amendment Regulations 2021 (Vic)

Country Fire Authority Amendment Regulations 2021

S.R. No. 86/2021

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Report by officer in charge

4Interim payment

5New regulation 86A inserted

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Endnotes

STATUTORY RULES 2021

S.R. No. 86/2021

Country Fire Authority Act 1958

Country Fire Authority Amendment Regulations 2021

The Governor in Council makes the following Regulations:

Dated: 20 July 2021

Responsible Minister:

LISA NEVILLE
Minister for Police and Emergency Services

SAMUAL WALLACE

Acting Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Country Fire Authority Regulations 2014—

(a)to allow the Authority, before determining a claim for compensation for personal injury that is a mental injury, to make an interim payment for reasonable medical and like expenses; and

(b)to make minor and technical amendments.

2Authorising provision

These Regulations are made under section 110 of the Country Fire Authority Act 1958.

3Report by officer in charge

In regulation 79(1) of the Country Fire Authority Regulations 2014[1], for "regulation 80" substitute "regulation 78(5)(a)".

4Interim payment

(1)In the heading to regulation 86 of the Country Fire Authority Regulations 2014, after "payment" insert "for personal injury".

(2)For regulation 86(1)(b) of the Country Fire Authority Regulations 2014 substitute—

"(b)in the case of a personal injury that is a physical injury—for reasonable medical and like expenses for a period not exceeding 6 weeks.".

5New regulation 86A inserted

After regulation 86 of the Country Fire Authority Regulations 2014 insert—

"86A   Interim payment for personal injury that is a mental injury

(1)The Authority, before determining a claim for compensation for personal injury that is a mental injury, must make an interim payment for reasonable medical and like expenses in accordance with subregulation (3).

(2)The Authority must, within 2 business days of the member's claim for compensation being lodged in accordance with regulation 78(5) or 80(1), give written notice to the member of the member's entitlement to an interim payment under this regulation.

(3)An interim payment under subregulation (1) must be paid by the Authority on and from the day on which the member is given written notice under subregulation (2) until—

(a)if the Authority determines under regulation 83 that compensation is payable and the determination is made within 13 weeks after the day on which the member is given written notice under subregulation (2)—the day on which the Authority makes the determination under regulation 83; or

(b)in any other case—13 weeks after the day on which the member's

claim is lodged in accordance with regulation 78(5) or 80(1).

(4)To avoid doubt, a member whose claim for compensation is rejected or terminated by the Authority is entitled to an interim payment under subregulation (1) until the day referred to in subregulation (3)(b).

(5)If the Authority determines that compensation is payable, the compensation payable is to be reduced by the amount of any interim payment made under this regulation.

(6)An interim payment made under subregulation (1) is not an admission of liability to pay compensation in respect of the claim.

(7)This regulation does not apply—

(a)to a member's claim for compensation that was lodged in accordance with regulation 78(5) or 80(1) before 1 July 2021; or

(b)if the Authority has previously determined a claim for compensation relating to the same mental injury and circumstances.".

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Endnotes

[1] Reg. 3: S.R. No. 165/2014.