Victorian Current Acts

WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 301C

    (1)     A claimant in a dispute may refer the dispute for arbitration by ACCS if—

S. 301C(1)(a) amended by No. 8/2024 s. 24(1).

        (a)     ACCS has notified the claimant under section 298 that ACCS is satisfied that there is a genuine dispute with respect to the payment of any of the following—

              (i)     compensation referred to in section 297(1) and (2);

              (ii)     compensation in the form of superannuation contributions;

              (iii)     interest on an outstanding amount; and

S. 301C(1)(ab) inserted by No. 8/2024 s. 24(2).

        (ab)     the dispute is not or does not include a dispute as to any of the following—

              (i)     whether an injury is an injury under this Act;

              (ii)     whether an injury has occurred in circumstances that create a liability for the Authority or self-insurer to pay compensation under this Act; and

        (b)     the claimant has not applied to a court for the determination of the dispute.

    (2)     A person may refer a dispute under this section on behalf of the claimant.

S. 301C(2A) inserted by No. 8/2024 s. 24(3).

    (2A)     A dispute excluded from arbitration under subsection (1)(ab) includes a dispute as to any of the following matters—

        (a)     whether a claimant is a worker;

        (b)     whether the claimant has suffered an injury, including a mental injury;

        (c)     whether an injury caused to the claimant is an injury that arose out of, or in the course of, or due to the nature of, the claimant's employment;

        (d)     whether the claimant's employment was a significant contributing factor to an injury caused to the claimant;

        (e)     whether an injury caused to the claimant is a mental injury for which there is no entitlement to compensation;

        (f)     whether an injury caused to the claimant is a disease for which there is no entitlement to compensation;

        (g)     whether an injury caused to the claimant is a proclaimed disease;

        (h)     any other matter that is relevant to determining any of the following—

              (i)     whether an injury is an injury under this Act;

              (ii)     whether an injury has occurred in circumstances that create a liability for the Authority or self‑insurer to pay compensation under this Act.

    (3)     A referral for arbitration of a dispute must be lodged with ACCS by sending or delivering notice, in a form approved by ACCS, within 60 days after receipt of a notice under section 298 or  301N(3) in respect of the dispute.

Note

The Electronic Transactions (Victoria) Act 2000 provides for lodgement by electronic communication in accordance with that Act.

S. 301D inserted by No. 15/2021 s. 35.