Victorian Current Acts

WORKERS COMPENSATION ACT 1958 - SECT 25GA

    (1)     On and after the commencement of this section—

        (a)     an award of compensation; or

        (b)     an amendment of an award of compensation—

pursuant to this Act for industrial deafness shall, irrespective of when the injury occurred, be made as if section 25G(2) as inserted into this Act by the Workers Compensation (Amendment) Act 1981 had not been inserted by that Act, and had never formed part of this Act.

S. 25GA(2) amended by Nos 10191 s. 270(14)(a), 50/1994 s. 116.

    (2)     Where the County Court, upon application by a party to an award of compensation to which this subsection applies, is of the opinion that the award was reduced by reason of the conclusive presumption under section 25G(2) as inserted into this Act by the Workers Compensation (Amendment) Act 1981 , the County Court shall amend the award by substituting for that amount the amount which it considers would have been specified if section 25G(2) had not been inserted by that Act, and had never formed part of this Act.

    (3)     Subsection (2) applies to an award of compensation pursuant to this Act for industrial deafness made on or after 14 January 1983 and before the insertion of subsection (2) into this Act.

S. 25H inserted by No. 9613 s. 2(1).