Victorian Current Acts Victorian Current Acts(1) The amount of outstanding weekly payments and interest at the prescribed rate on each outstanding weekly payment are payable to the worker in the following circumstances and in respect of the periods specified in relation thereto—
S. 193(1)(a) amended by No. 73/2016 s. 21(2).
(a) if ACCS directs that weekly payments be commenced or continued to be paid at the current rate or increased, from the day—
(i) on which incapacity commenced; or
(ii) on which weekly payments were terminated or altered; or
(iii) on which the worker's application to increase the amount of weekly payments was received by the Authority or self-insurer—
until the day on which the direction is revoked or payments are commenced, continued or increased, whichever is the earlier; or
(b) subject to subsection (2), if a decision to reject a claim for weekly payments is set aside by the Magistrates' Court or the County Court, from the day on which the incapacity commenced until the day on which the decision is set aside; or
(c) subject to subsection (2), if a decision to terminate or reduce weekly payments is set aside by the Magistrates' Court or the County Court, from the day on which the decision took effect until the day on which the decision is set aside; or
(d) subject to subsection (2), if a decision to reject an application by a worker to increase the amount of weekly payments is set aside by the Magistrates' Court or the County Court, from a day determined by the Magistrates' Court or the County Court until the day on which the decision is set aside; or
(e) if an employer, the Authority or a self‑insurer fails to make any weekly payment as and when required by this Act to be made to a worker, from the day after the payment was required to be made until the day before the payment is made.
(2) If, within a year after being notified under section 298(1) that an application concerning weekly payments may be made to the Magistrates' Court or the County Court, the worker has not made such an application, interest is not payable under subsection (1) in respect of the period beginning on the expiry of one year after that notification and ending on the day on which an application is made.
(3) If an employer is responsible for making weekly payments to a worker, the Authority must pay the employer the amount of any outstanding weekly payments payable under subsection (1).
(4) Subsection (3) does not apply to a self-insurer or an eligible subsidiary of a self-insurer except in relation to the employment of a student worker.