Victorian Current Acts

WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 394

S. 394(1) amended by No. 73/2016 s. 21(2).

    (1)     This section applies if ACCS, VCAT or a court has directed or determined that—

        (a)     compensation under this Act (other than section 576 or 578) or the Accident Compensation Act 1985 (other than section 242AB or 242AD); or

        (b)         damages at common law as permitted by and in accordance with Division 2 of Part 7 (other than sections 348 to 356 inclusive) or section 366 of this Act or section 134AB or 135C of the Accident Compensation Act 1985 and any contribution in respect of such damages under section 23B of the Wrongs Act 1958 —

for which a self-insurer is liable must be paid in relation to an injury or death.

S. 394(2) amended by No. 44/2014 s. 24(16).

    (2)     For the purposes of subsection (1), compensation does not include an amount required to be paid under section 576 or 578.

    (3)     If the self-insurer does not pay the compensation, damages or contribution within 28 days after the direction has been given or the determination has been made, the Authority—

        (a)     must assume the liability; and

        (b)     is entitled to recover from the self-insurer the amount paid by the Authority in discharge of the liability together with interest at the prescribed rate.

Subdivision 2—Election by self-insurer to assume liability for tail claims