Victorian Numbered Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 (NO. 67 OF 2013) - SECT 183

Grounds for alteration or termination of weekly payments

    (1)     In addition to other grounds under this Act for termination or alteration of weekly payments, the Authority or a self-insurer—

        (a)     may increase or reduce weekly payments on the ground that there is not, or is no longer, an entitlement to weekly payments of the existing amount; or

        (b)     may terminate weekly payments on the ground that—

              (i)     the worker is not entitled to compensation under Division 3 of Part 2 or Division 2 of this Part; or

              (ii)     the worker is not, or is no longer, entitled to weekly payments; or

        (c)     may terminate or alter weekly payments on the ground that—

              (i)     the worker has returned to any work whether as a self-employed person or in employment; or

              (ii)     in the case of a worker who has current weekly earnings, the amount of the worker's current weekly earnings alters; or

              (iii)     payments for regular overtime or shift allowances are no longer included in the worker's pre-injury average weekly earnings; or

              (iv)     a non-pecuniary benefit within the meaning of section 155(1)(d) or 156(1)(b) is varied or no longer paid; or

              (v)     a non-pecuniary benefit provided by an employer in the circumstances referred to in paragraph (b) of the definition of deductible amount is varied or no longer paid.

    (2)     A termination or alteration of weekly payments on a ground specified in subsection (1)(a) or (b) has effect—

        (a)     only if written notice in accordance with section 188 is given; and

        (b)     after the expiry of the required notice period.

    (3)     A termination or alteration of weekly payments on a ground specified in subsection (1)(c) has effect—

        (a)     without the giving of notice; and

        (b)     as from the day on which the circumstances establishing the ground first arise.

    (4)     The Authority or a self-insurer may terminate weekly payments if it considers that payments were obtained fraudulently.

    (5)         A termination of weekly payments on the ground specified in subsection (4) has effect—

        (a)     if written notice in accordance with section 188 is given; and

        (b)     as from the day (whether before, on or after the giving of the notice) on which the Authority or self-insurer makes the decision.



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