Victorian Current Acts

WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 5

    (1)     Except as otherwise expressly provided in this Act, this Act applies to the entitlement of a worker to compensation under this Act in respect of—

        (a)     an injury to the worker arising out of, or in the course of, or due to the nature of, employment on or after 1 July 2014; and

        (b)     an injury arising—

              (i)     out of, or in the course of, or due to the nature of, employment; and

              (ii)     by way of gradual process over a period beginning before, and continuing on or after 1 July 2014—

but does not apply to or in relation to an injury arising out of, or in the course of, or due to the nature of, employment solely before 1 July 2014.

    (2)     If a worker suffers an injury that—

        (a)     arises out of, or in the course of, or due to the nature of, employment; and

        (b)     occurs by way of gradual process over a period beginning on or after 20 October 1999 and continuing on or after 1 July 2014—

the worker may rely on any part of the injury that occurred before 1 July 2014 for the purposes of establishing that the injury constitutes a serious injury for the purposes of Division 2 of Part 7.

    (3)     Subsection (2) does not apply to any part of the injury that was the subject of an application made under section 134AB(4) of the Accident Compensation Act 1985 .

    (4)     Division 5 of Part 7 applies in relation to an injury, disease or industrial deafness caused to or suffered by a worker before, on or after 1 July 2014 that has arisen out of, or in the course of, or due to the nature of, any employment in which the worker was employed at any time.