Victorian Current Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 191

Termination of weekly payments after expiry of second entitlement period

    (1)     Weekly payments must not be terminated under section 186(5)

        (a)     unless the Authority or self-insurer has made a determination of the worker's entitlement to weekly payments after the expiry of the second entitlement period; and

        (b)     until the Authority or self-insurer has given at least 13 weeks notice under section 189 of the determination following the making of the determination.

    (2)     A determination under subsection (1) may be made before, on or after the expiry of the second entitlement period so as to terminate payments at or after the expiry of that entitlement period.

    (3)     The notice is not invalid only because the date specified in the notice as the date on which the termination is to take effect is not a date immediately after the expiry of the second entitlement period but has effect—

        (a)     on the date immediately after the completion of the second entitlement period; or

        (b)     if the date specified in the notice is a later date, the later date.

    (4)     If subsection (1) applies and notwithstanding anything to the contrary in section 163(1), until notice is given to a worker and the date specified in the notice has expired, the worker is deemed to be entitled to weekly payments under section 162 in respect of any period after the expiry of the second entitlement period provided that the worker is, but for the expiry of the entitlement period, otherwise entitled to weekly payments.

    (5)     Subsections (1)(b), (3) and (4) do not apply if the claim for weekly payments is made within the period of 119 days before the expiry of the second entitlement period.

    (6)     If subsection (5) applies and weekly payments are commenced, the entitlement to weekly payments in respect of any period after the expiry of the second entitlement period must be determined in accordance with section 163(1).



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