Victorian Current Acts

WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 75A

    (1)     Subject to subsection (4), the Authority must give written notice to a worker of a determination as to the worker's entitlement to provisional payments under Division 10 of Part 5 of this Act or Division 2BA of Part IV of the Accident Compensation Act 1985 within 2 business days after—

        (a)     being notified of a claim under section 73A; or

        (b)     receiving a claim under section 29 in respect of a mental injury; or

        (c)     being otherwise notified by the worker of the existence of a mental injury in connection with a claim forwarded under section 29 or 73.

    (2)     Subject to subsection (4), a self-insurer must give written notice to a worker of a determination as to the worker's entitlement to receive provisional payments under Division 10 of Part 5 of this Act or Division 2BA of Part IV of the Accident Compensation Act 1985 within 5 business days after—

        (a)     receiving a claim for compensation in respect of a mental injury under section 20; or

        (b)     being otherwise notified by the worker of the existence of a mental injury in connection with a claim received under section 20.

    (3)     If the Authority or a self-insurer is unable to determine whether a worker is entitled to provisional payments under Division 10 of Part 5 of this Act or Division 2BA of Part IV of the Accident Compensation Act 1985 because the notification or claim does not contain enough relevant information, the Authority or self-insurer must make reasonable attempts to request the information from the employer or worker.

    (4)     If subsection (3) applies, written notice of a determination as to the worker's entitlement to receive provisional payments under Division 10 of Part 5 of this Act or Division 2BA of Part IV of the Accident Compensation Act 1985 must be given     to the worker within 10 business days after—

        (a)     the claim for compensation was—

              (i)     received by the employer or self‑insurer under section 20; or

              (ii)     lodged with the Authority under section 29; or

        (b)     the Authority was notified under subsection (1)(c).

    (5)     In this section—

"business day" means a day other than a Saturday, Sunday or public holiday.