Victorian Current Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 224

Liability of Authority and self-insurer

S. 224(1) amended by No. 44/2014 s. 11(1).

    (1)         If there is caused to a worker an injury which entitles a worker to compensation, the Authority or a self-insurer, and the employer in respect of the employer's excess under section 72(1)(c), is liable, unless a determination or order under Division 6 of Part 13 applies, to pay as compensation, in addition to any other compensation payable under this Act—

        (a)     the reasonable costs of the road accident rescue services, medical, hospital, nursing, personal and household, occupational rehabilitation and ambulance services received because of the injury; and

S. 224(1)(ab) inserted by No. 10/2022 s. 69(1).

        (ab)     if the worker dies, the reasonable costs of household help received by a family member of the worker for a period of 6 months commencing from the date on which the Authority is notified of the death, in circumstances where—

              (i)     it appears to the Authority that the worker's death results from the injury for which compensation is payable; and

              (ii)     at the time of the death of the worker, the worker was receiving compensation for household help within the meaning of paragraph (b) of the definition of personal and household service ; and

              (iii)     the family member resides at the worker's home; and

              (iv)     the Authority is notified of the death of the worker within 3 months from the date of the death; and

S. 224(1)(b) amended by No. 10/2022 s. 69(2).

        (b)     if the injury is a severe injury for which immediate inpatient treatment in a hospital is received or an eligible progressive disease, or where death results from the injury, the reasonable costs incurred in Australia of family counselling services provided to family members by—

              (i)     a medical practitioner; or

              (ii)     a registered psychologist; or

              (iii)     a social worker approved by the Authority to provide counselling services for the purposes of this section—

not exceeding $5870 in respect of that severe injury or eligible progressive disease or death; and

S. 224(1)(c) amended by No. 48/2017 s. 30(1).

        (c)     if death results from the injury, the reasonable costs of burial or cremation; and

S. 224(1)(d) inserted by No. 48/2017 s. 30(2), amended by No. 49/2018 s. 35.

        (d)     reasonable travelling or accommodation expenses not exceeding $20 000 incurred by family members of the worker in circumstances where—

              (i)     the injury is a severe injury for which immediate in-patient treatment in a hospital is received; and

              (ii)     the hospital is located at least 100 kilometres from the normal residence of the worker's family members; and

S. 224(1)(e) inserted by No. 48/2017 s. 30(2).

        (e)     reasonable travelling or accommodation expenses not exceeding $5000 incurred by family members of the worker in circumstances where—

              (i)     death results from the injury; and

              (ii)     a burial service or cremation service is held in respect of the worker; and

S. 224(1)(e)(iii) amended by No. 10/2022 s. 69(3)(a).

              (iii)     the service is held at least 100 kilometres from the normal residence of the
worker's family members.

S. 224(1)(e)(iv) repealed by No. 10/2022 s. 69(3)(b).

    *     *     *     *     *

    (2)     The Authority may make guidelines identifying services, or services of a class of services, referred to in subsection (1)(a) or (b) for which approval should be sought from the Authority or self‑insurer before the services are provided.

    (3)     The Authority must ensure that guidelines made under subsection (2) are published and are generally available.

    (4)     A worker is entitled to receive a service referred to in subsection (1) (other than an occupational rehabilitation service) from the provider of the worker's choice notwithstanding that an employer or the Authority or a self-insurer, as the case may be, offers or provides a service to the worker for the worker's use.



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