Victorian Current Acts Victorian Current ActsS. 175(1) amended by No. 8/2024 s. 17(1).
(1) If a worker who is receiving weekly payments ceases to reside in Australia, his or her entitlement to weekly payments ceases unless the worker has, before leaving Australia, satisfied the Authority or self-insurer that the worker—
S. 175(1)(a) inserted by No. 8/2024 s. 17(1).
(a) has no current work capacity and is likely to continue indefinitely to have no current work capacity; and
S. 175(1)(b) inserted by No. 8/2024 s. 17(1).
(b) in the case of a worker receiving weekly payments after the second entitlement period, has a whole person impairment of more than 20 per cent resulting from one or more compensable injuries.
(2) If a worker ceases to reside in Australia and subsequently claims to be entitled to the payment of weekly payments, the worker must, in addition to establishing his or her entitlement, satisfy the Authority or self-insurer that the worker has no current work capacity and is likely to continue indefinitely to have no current work capacity.
S. 175(2A) inserted by No. 8/2024 s. 17(2).
(2A) If a worker who ceases to reside in Australia is receiving weekly payments, the worker's entitlement to weekly payments ceases upon the expiry of the second entitlement period unless the Authority or self-insurer determines that the worker—
(a) has no current work capacity and is likely to continue indefinitely to have no current work capacity; and
(b) has a whole person impairment of more than 20 per cent resulting from one or more compensable injuries.
(3) If a worker who is receiving weekly payments is temporarily absent from Australia, his or her entitlement to weekly payments is limited to a maximum aggregate period of 28 days in respect of any certificate or certificates provided by a medical practitioner outside Australia unless the Authority or self-insurer is satisfied that there are special circumstances which justify the extension of that period for a further period as is specified in the certificate.
S. 175(4) amended by No. 10/2022 s. 79, substituted by No. 8/2024 s. 17(3).
(4) If a worker who does not reside in Australia is receiving weekly payments because of subsection (1), (2) or (2A), the worker is entitled to receive the weekly payments if the worker proves in the prescribed manner and at the prescribed intervals to the satisfaction of the Authority or self-insurer—
(a) the worker's identity; and
(b) that the worker continues to have no current work capacity.
S. 175(5) inserted by No. 8/2024 s. 17(3).
(5) If a worker who does not reside in Australia is receiving weekly payments after the second entitlement period, the Authority or self-insurer—
(a) may review the work capacity of the worker at any time; and
(b) must review the work capacity of the worker as often as reasonably necessary and not less than once every 2 years.