Victorian Numbered Acts Victorian Numbered Acts(1) In the Accident Compensation Act 1985 —
(a) in section 92D(1)(d), for "99(2)" substitute "99AAA(2)";
(b) in section 93A(1)(a), after "work capacity" insert "and no current weekly earnings";
(c) in section 93A(1)(b), after "work capacity" insert "or has no current work capacity but has current weekly earnings";
(d) in section 93A(2)(a), after "work capacity" insert "and no current weekly earnings";
(e) in section 93A(2)(b), after "work capacity" insert "or has no current work capacity but has current weekly earnings";
(f) in section 93A(3)(a), after "work capacity" insert "and no current weekly earnings";
(g) in section 93A(3)(b), after
"work capacity" insert "or has no current work capacity but has current weekly
earnings";
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(h) in section 93B(1)(b), after "work capacity" insert "and has no current weekly earnings";
(i) in section 93B(1)(c), after "work capacity" insert "or has no current work capacity but has current weekly earnings";
(j) in section 93B(2) (a), after "work capacity" insert "and no current weekly earnings";
(k) in section 93B(2)(b), after "work capacity" insert "or has no current work capacity but has current weekly earnings";
(l) in section 93B(3)(a), after "work capacity" insert "and no current weekly earnings";
(m) in section 93B(3)(b), after "work capacity" insert "or has no current work capacity but has current weekly earnings".
(2) In section 93C(2) of the Accident Compensation Act 1985 , for paragraphs (b), (c) and (d) substitute —
"(b) if the worker is a pre-12 November 1997 claimant who does not have a serious injury, at the rate of—
(i) the difference between 80 per cent of the worker's pre-injury average weekly earnings and, if the worker has current weekly earnings, 80 percent of those current weekly earnings; or
(ii) the difference between $1210 and, if the worker has current weekly earnings, 80 per cent of those current weekly earnings—
whichever is the lesser;
(c) in the case of a claim for compensation in the form of weekly payments first made in respect of the injury to which the claim relates on or after 12 November 1997 and before 5 April 2010 at the rate of—
(i) the difference between 80 per cent of the worker's pre-injury average weekly earnings and, if the worker has current weekly earnings, 80 per cent of those earnings; or
(ii) the difference between $1510 and, if the worker has current weekly earnings, 80 per cent of those current weekly earnings—
whichever is the lesser;
(d) in the case of a claim for compensation in the form of weekly payments first made in respect of the injury to which the claim relates on or after 5 April 2010 at the rate of—
(i) the difference between 80 per cent of the worker's pre-injury average weekly earnings, less the deductible amount and, if the worker has current weekly earnings, 80 per cent of those earnings; or
(ii) the difference between twice the State average weekly earnings and, if the worker has current weekly earnings, 80 per cent of those current weekly earnings—
whichever is the lesser.".
(3) In section 96(7) of the Accident Compensation Act 1985 , for the definition of supplemental pension limit substitute —
""supplemental pension limit", in relation to a worker, means the worker's pre-injury average weekly earnings as calculated under section 5A as indexed in accordance with section 100(1) and calculated as if the period of 52 weeks referred to in paragraph (a) of the definition of enhancement period in section 5AD had not expired.".
(4) For section 98C(8) of the Accident Compensation Act 1985 substitute —
"(8) If a worker suffers an injury which entitles the worker to compensation for non-economic loss of more than one kind as specified in subsection (2), (3) or (4), the worker is not entitled to receive as compensation for non-economic loss under this section more than $555 350.".
(5) In section 98DA of the Accident Compensation Act 1985 —
(a) after "98E" insert "of this Act";
(b) after " Act 1958 " insert "or under Division 5 of Part 5 of the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(6) In section 99AAA(1) of the Accident Compensation Act 1985 , in the definition of "supported accommodation", for paragraphs (b) and (c) substitute —
"(b) a supported residential service within the meaning of the Supported Residential Services (Private Proprietors) Act 2010 ;
(c) a group home within the meaning of section 3(1) of the Disability Act 2006 ;".
(7) In section 99 of the Accident Compensation Act 1985 —
(a) in subsection (6), for "this section" substitute "this Division";
(b) in subsection (10), for "this section" substitute "this Division".
(8) In section 99 of the Accident Compensation Act 1985 , for subsections (15) and (16) substitute —
"(15) The contribution to be made by a worker towards the cost of supported accommodation referred to in paragraph (b) or (d) of the definition of supported accommodation must not exceed $32.50 per day.
(16) The Governor in Council may, on the recommendation of the Authority, by Order published in the Government Gazette, declare that section 100C does not apply to an amount referred to in subsection (15) of this section in respect of a specified financial year.".
(9) In section 99AD of the Accident Compensation Act 1985 —
(a) in subsection (4), for "under this section" substitute "under this Division";
(b) in subsection (5)(a)(i), for "99" substitute "99AAA, 99, 99AA, 99AB, 99AC or this section";
(c) in subsection (5)(c), for "the service provided under section 99(1)" substitute "a service referred to in this Division".
(10) In the Table to section 100B of the Accident Compensation Act 1985 , after item 19 insert —
|
"19A |
Section 93CDA(1)(d) |
$151 |
1 July 2011". |
(11) In the Table to section 100C of the Accident Compensation Act 1985 , for item 5 substitute —
|
"5 |
Section 92A(6) |
$511 920 |
1 July 2011 |
|
5A |
Section 92A(6) |
$51 190 |
1 July 2011". |