Victorian Current Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 333

Conference before proceedings commence

The worker must not commence proceedings in accordance with this Division, other than an application under section 335(2)(d) or the commencement of proceedings with the consent of the Authority under section 337, unless—

        (a)     the worker and the Authority or self-insurer hold, or begin, a conference within 21 days after the response date; and

        (b)     the Authority or self-insurer makes a statutory offer in writing in settlement or compromise of the claim at that conference, or after the conference begins but no later than 60 days after the response date; and

        (c)     if the worker does not accept that statutory offer within 21 days after it is made, the worker, before the expiration of that period, makes a statutory counter offer in writing in settlement or compromise of the claim; and

        (d)     the Authority or self-insurer does not accept that statutory counter offer within 21 days after it is made; and

        (e)     the proceedings are commenced—

              (i)     not earlier than 21 days, and not more than 51 days, after the statutory counter offer is made; or

              (ii)     if a statutory counter offer is deemed to have been made under section 334(2), not more than 30 days after the day on which the statutory counter offer is deemed to have been made.

S. 332(2) repealed by No. 44/2014 s. 13(2).

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