Victorian Current Acts Victorian Current Acts(1) A Return to Work improvement notice may be issued to an employer by—
(a) delivering it personally to the employer or sending it by post or facsimile to the usual or last known place of business of the employer; or
S. 139(1)(ab) inserted by No. 49/2018 s. 32(1), amended by No. 36/2021 s. 28(1).
(ab) if the employer to whom the notice is to be issued is not a body corporate, by sending it by electronic communication to the employer at the employer's usual or last known electronic address; or
S. 139(1)(ac) inserted by No. 49/2018 s. 32(1).
(ac) if the employer is registered under section 434, by sending it by post or electronic communication to the last address for service shown on a communication from the employer to the Authority; or
(b) leaving it for the employer at the usual or last known place of business of the employer with a person who apparently has authority to receive correspondence or communications with the employer.
S. 139(1AA) inserted by No. 36/2021 s. 28(2).
(1AA) In addition to subsection (1), if the employer to whom a notice is to be issued is a body corporate, the notice may be issued by—
(a) delivering it personally to the head office, registered office or principal place of business of the body corporate; or
(b) sending it by post to the head office, registered office or principal place of business of the body corporate; or
(c) sending it by electronic communication to an employee, agent or officer of the body corporate.
S. 139(1A) inserted by No. 49/2018 s. 32(2).
(1A) Subject to subsection (1B), this section is in addition to, and not in derogation from, the Interpretation of Legislation Act 1984 , the Electronic Transactions (Victoria) Act 2000 and sections 109X and 601CX of the Corporations Act.
S. 139(1B) inserted by No. 49/2018 s. 32(2), amended by No. 36/2021 s. 28(3).
(1B) Section 8(1) and (2) of the Electronic Transactions (Victoria) Act 2000 do not apply to the issue of a notice by electronic communication under this section.
(2) An employer to whom a Return to Work improvement notice is issued must as soon as possible, if the Return to Work improvement notice relates to the obligation of the employer under section 106 or 107, display a copy of the notice in a prominent place at or near the workplace.
Penalty: In the case of a natural person, 5 penalty units;
In the case of a body corporate, 25 penalty units.
(3) If the Return to Work improvement notice relates to the return to work of a worker, the inspector must provide a copy of the notice to the worker.
(4) If a Return to Work improvement notice is issued—
(a) to a labour hire employer and the Return to Work improvement notice relates to a worker who received an injury arising out of or in the course of employment with the labour hire employer whilst let on hire to a host, the inspector may provide a copy of the Return to Work improvement notice to the host; or
(b) to a host and the Return to Work improvement notice relates to the obligation to co-operate with the labour hire employer, in respect of action taken by the labour hire employer in order to comply with sections 103, 104 and 105, to facilitate the worker's return to work, the inspector may provide a copy of the Return to Work improvement notice to the labour hire employer.
(5) If a Return to Work improvement notice relates to an obligation of an employer in respect of the return to work of a worker, the inspector may provide a copy of the Return to Work improvement notice to the authorised agent selected by the employer for the purpose of assisting in the management of the claim for compensation by the worker.