Victorian Current Acts Victorian Current ActsS. 167(1) amended by No. 44/2014 s. 24(6)(a).
(1) Subject to subsection (5), a worker must provide to the Authority or self-insurer—
(a) certificates of capacity in accordance with this section in respect of the period in respect of which the worker is entitled to weekly payments; and
S. 167(1)(b) amended by No. 44/2014 s. 24(6)(b).
(b) a declaration in the form approved by the Authority as to whether or not the worker is engaged—
(i) in voluntary work; or
(ii) in any form of employment or in self-employment for which he or she receives or is entitled to receive payment in money or otherwise—
or has been so engaged at any time since last providing a certificate under this section or section 25.
(2) A certificate of capacity must be—
(a) a certificate under section 25; or
(b) a certificate in a form approved by the Authority given by a medical practitioner, registered physiotherapist, registered chiropractor or registered osteopath—
and must—
(c) certify as to the worker's incapacity for work and whether the worker has a current work capacity or has no current work capacity during the period, not exceeding 28 days, stated in the certificate; and
(d) specify the expected duration of the worker's incapacity.
(3) Despite subsection (2)(c), a certificate of capacity covering a period exceeding 28 days is in accordance with this section if—
(a) the person giving the certificate states in the certificate the special reasons why the certificate covers the longer period; and
(b) the Authority or self-insurer is satisfied that, for the special reasons stated, the certificate should be accepted.
(4) A certificate of capacity is of no effect to the extent that it relates to a period of time more than 90 days before the date on which the certificate is provided.
S. 167(4A) inserted by No. 15/2021 s. 6.
(4A) Despite subsection (4), a certificate of capacity that relates to a period of time more than 90 days before the date on which the certificate is provided is in accordance with this section if—
(a) the person giving the certificate states in the certificate the special reasons why the certificate relates to that period of time; and
(b) the Authority or self‑insurer is satisfied that, for the special reasons stated, the certificate should be accepted.
(5) If a decision to reject a claim for weekly payments or to terminate weekly payments is set aside, a worker is not required to comply with subsection (1) in respect of any period from the date that the decision took effect until the day on which the decision is set aside.
Pt 5 Div. 2 Subdiv. 1A (Heading and ss 167A– 167K) inserted by No. 8/2024 s. 16.
Subdivision 1A—Determination of eligibility for compensation after second entitlement period
S. 167A inserted by No. 8/2024 s. 16.