Victorian Current Acts Victorian Current Acts(1) Where—
S. 12(1)(a) amended by No. 23/1994 s. 118(Sch. 1 item 59.4).
(a) a registered medical practitioner certifies that a worker is suffering from a disease and is thereby disabled from earning full wages at the work at which he was employed; or
(b) the death of a worker is caused or is materially contributed to by any disease—
and the disease is due to the nature of any employment in which the worker was employed at any time prior to the date of disablement, then subject to the provisions hereinafter contained the worker or his dependants shall be entitled to compensation under this Act as if the disease were a personal injury arising out of or in the course of that employment and the disablement shall be treated as the happening of the injury.
S. 12(2) amended by Nos 10191 s. 270(14)(a), 67/1992 s. 64(11)(a).
(2) Where a certificate has been given under and for the purposes of the last preceding subsection, then any claim arising thereon or in connexion therewith shall not be barred, avoided or invalidated by reason only of any defect, omission or irregularity, whether of substance or form in the certificate if, upon proceedings for the determination of the claim, the County Court or Administrative Appeals Tribunal is satisfied, on such material as seems to it adequate and without regard to the rules of evidence, that the worker is or was suffering from a disease, that he is or was thereby disabled from earning full wages at the work at which he was employed and that the disease was due to the nature of the employment.
S. 12(3) inserted by No. 69/2009 s. 54(Sch. Pt 1 item 67).
(3) Nothing in subsection (2) prevents the application of Part 3.10 of the Evidence Act 2008 to proceedings referred to in that subsection.
S. 12A inserted by No. 41/2006 s. 33.