Victorian Numbered Acts Victorian Numbered Acts(1) In this section, a reference to a dispute as to liability to make or continue to make weekly payments includes a reference to a dispute as to—
(a) whether a worker has no current work capacity; or
(b) whether a worker has a current work capacity; or
(c) any other matter that affects the amount of weekly payments—
but does not include—
(d) a dispute as to compensation in the form of superannuation contributions; or
(e) a reference of a matter under section 26(1).
(2) This section applies if a dispute relating to—
(a) a claim for weekly payments under this Act or the Accident Compensation Act 1985 ; or
(b) a continuation of weekly payments under this Act or the Accident Compensation Act 1985 ; or
(c) a claim for payment of compensation under Division 7 of Part 5 of this Act or Division 2B of Part IV of the Accident Compensation Act 1985 ; or
(d) payment, or continuation of payment, of compensation under Division 7 of Part 5 of this Act or Division 2B of Part IV of the Accident Compensation Act 1985 —
has been referred to conciliation under this Division, but a Conciliation Officer is unable to bring the parties to agreement by conciliation.
(3) If the Conciliation Officer is satisfied that there is no genuine dispute with respect to the liability to make, or continue to make, weekly payments, the Conciliation Officer may direct the Authority, employer or self-insurer, as the case may be, to pay, or continue to pay, compensation in accordance with the direction.
(4) A direction or further direction of a Conciliation Officer under this section may require the Authority, employer or self-insurer to pay, or continue to pay, weekly payments for such period not exceeding 12 weeks as is specified in the direction.
(5) Nothing in this section prevents a Conciliation Officer from giving a further direction or further directions for payment of compensation after the expiry of an earlier direction, except where the earlier direction is revoked by the court.
(6) In addition to the power conferred by subsection (4), a Conciliation Officer may direct payment of weekly payments in respect of a period ending before the direction is given, but that period must not exceed 24 weeks.
(7) If a Conciliation Officer gives a direction or further direction to pay or continue to pay weekly payments, the Conciliation Officer may also give a general direction to the Authority, employer or self-insurer, to pay, subject to and in accordance with Division 7 of Part 5 of this Act or Division 2B of Part IV of the Accident Compensation Act 1985 , the reasonable costs of services specified in Division 7 of Part 5 of this Act or Division 2B of Part IV of the Accident Compensation Act 1985 that were, or are to be, provided during the period specified in the direction under subsection (4) or (6), as the case may be.
(8) Subsection (9) applies if—
(a) the dispute is, or includes, a dispute as to liability for payment of compensation, or continuation of payment of compensation, under Division 7 of Part 5 of this Act or Division 2B of Part IV of the Accident Compensation Act 1985 ; and
(b) the Conciliation Officer is satisfied that there is no genuine dispute with respect to such liability; and
(c) the Conciliation Officer has not given a direction under subsection (7).
(9) If this subsection applies, the Conciliation Officer may give a general direction to the Authority, self-insurer or employer to pay, subject to and in accordance with Division 7 of Part 5 of this Act or Division 2B of Part IV of the Accident Compensation Act 1985 , the reasonable costs of services specified in Division 7 of Part 5 of this Act or Division 2B of Part IV of the Accident Compensation Act 1985 but not exceeding $5000 in respect of the relevant injury.
(10) For the purposes of this section, a Conciliation Officer is to be taken to be satisfied that there is no genuine dispute if the Conciliation Officer is satisfied that there is no arguable case in support of the denial of liability.