Victorian Current Acts

WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 43A

    (1)     This section applies if—

        (a)     a worker's incapacity for work results from, or is materially contributed to by, an injury that—

              (i)     entitles the worker to compensation in the form of weekly payments; and

              (ii)     was caused by a transport accident involving a motor vehicle of which the worker was the driver at the time of the accident; and

        (b)     in respect of such driving, the worker is convicted or found guilty of an offence under section 49(1)(bc) or (j) of the Road Safety Act 1986 or under a law of another State or of a Territory that is declared to be a corresponding law under section 47A(2) of the Road Safety Act 1986 .

    (2)     Compensation in the form of weekly payments under Part 5 is reduced for a period of 130 weeks (whether or not consecutive) from the date on which notice of the reduction was given to the worker in accordance with section 188 by—

        (a)     in any case, one third; and

        (b)     if the level of alcohol in the worker's blood was not less than 0·12 grams and less than 0·24 grams per 100 millilitres of blood or in the worker's breath not less than 0·12 grams and less than 0·24 grams per 210 litres of exhaled air—by an additional one third.

    (3)     This section does not apply if—

        (a)     the injury results in death or is a severe injury within the meaning of section 40; or

        (b)     the worker satisfies the Authority or self‑insurer that the following did not contribute in any way to the injury—

              (i)     the concentration, or presence, of alcohol in the blood or breath of the worker;

              (ii)     the concentration, or presence, of drugs in the blood or oral fluid of the worker;

              (iii)     the combination of matters referred to in subparagraphs (i) and (ii).