Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 179

Payment of weekly payments

    (1)     A weekly payment must be made to a worker—

        (a)     before the expiry of 7 days after the end of the week in respect of which it is payable; or

        (b)     if the worker would be paid less frequently if the worker were at work, at such time or at such intervals as he or she would be paid if at work.

    (2)     The liability to a worker is not satisfied until the worker receives the weekly payment.

    (3)         If—

        (a)     an employer is notified by the Authority that a worker is entitled to weekly payments; or

        (b)     a self-insurer determines that a worker is entitled to weekly payments—

the employer or self-insurer, as the case may be, must make weekly payments to the worker in accordance with subsection (1).

Penalty:     In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

    (4)     A self-insurer—

        (a)     to which a direction or determination under section 178(1) to pay weekly payments applies, must commence payment within 7 days after the direction or determination is made; or

S. 179(4)(b) amended by No. 44/2014 s. 24(7).

        (b)     which accepts a claim under section 178(3) to make weekly payments to a worker and there are any outstanding payments of weekly payments, must pay those outstanding weekly payments to the worker within 7 days after accepting the claim.

Penalty:     300 penalty units.

    (5)     If an employer is required to make a payment of weekly payments before the employer receives the payment from the Authority, the employer must be reimbursed by the Authority.

    (6)     If an employer to whom subsection (5) applies does not apply within 3 months after making the payment of weekly payments to a worker for reimbursement by the Authority, the Authority is not required to reimburse the employer but may do so if satisfied that the employer's delay in making the application was reasonable.

    (7)     If the Authority does not reimburse the employer in respect of a payment referred to in subsection (5) within the prescribed period, the Authority is liable to pay the employer interest at the prescribed rate on the amount of the payment until the Authority reimburses the employer in respect of the payment.

    (8)     In this section, employer includes, in relation to the employment of a student worker, a self-insurer or an eligible subsidiary of a self-insurer.

Division 3—Alteration or termination of weekly payments and superannuation contributions



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback