Victorian Numbered Acts

WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 (NO. 67 OF 2013) - SECT 631

For sections 100, 100A, 100B and 100C of the Accident Compensation Act 1985 substitute —

        "     100     Indexation—weekly payments

    (1)     Subject to this section, the amount of a weekly payment to a worker in respect of an injury under this Part must be varied, in respect of each year beginning on the anniversary of the day on which the worker became entitled to weekly payments in respect of that injury, by varying the amount of the worker's pre-injury average weekly earnings for the purposes of the calculation of the amount of the weekly payment in accordance with the formula—

where—

        A     is the amount of the worker's pre-injury average weekly earnings within the meaning of Division 2 of Part I or, if that amount has been varied in accordance with this section as in force for the time being, that amount as last so varied;

        B     is the average weekly total earnings of all employees in Victoria in original terms for the most recent reference period published by the Australian Bureau of Statistics as at the 15th day of the month preceding the month in which the date on which the variation is made falls;

        C     is the average weekly total earnings of all employees in Victoria in original terms for the corresponding reference period one year earlier than the reference period referred to in B published by the Australian Bureau of Statistics as at the 15th day of the same month referred to in B.
s. 631

    (2)     A variation of an amount of a worker's pre-injury average weekly earnings under this section does not take effect to the extent (if any) to which it increases that amount to more than 100 per cent of the worker's ordinary earnings (calculated in accordance with Division 2 of Part I) expressed as a weekly sum to which the worker would be entitled if he or she were employed in the same position or positions (if it or they can be identified) as he or she was employed in immediately before the injury, being the position or positions on the basis of which the calculation of the worker's pre-injury average weekly earnings was made.

    (3)     In the case of a worker who became entitled to weekly payments before the commencement of section 10 of the Accident Compensation (General Amendment) Act 1989 , the anniversary of the day on which the worker became so entitled is deemed, for the purposes of this section, to be 1 July.

        100A     Indexation of weekly pensions for dependants of a worker who dies

    (1)     Subject to subsection (2), the amount of any compensation in the form of weekly payments of pension payable under section 92B to a deceased worker's dependants must be varied—

        (a)     on 1 July 2014 in respect of the financial year commencing on that date; and

        (b)     on 1 July in each subsequent year in respect of the financial year commencing on that date—

by varying the amount of the worker's pre-injury average weekly earnings for the purposes of the calculation of the amount of the weekly pension in accordance with the formula—

where—

        A     is the amount of the worker's pre-injury average weekly earnings within the meaning of Division 2 of Part I or, if that amount has been varied in accordance with this section as in force for the time being, that amount as last so varied;

        B     is the average weekly total earnings of all employees in Victoria in original terms for the most recent reference period in the preceding calendar year published by the Australian Bureau of Statistics as at 15 June immediately preceding the date on which the variation is made;

        C     is the average weekly total earnings of all employees in Victoria in original terms for the corresponding reference period in the calendar year preceding the calendar year referred to in B published by the Australian Bureau of Statistics as at 15 June immediately preceding the date on which the variation is made.

    (2)     If a worker's death resulted from or was materially contributed to by an injury arising out of or in the course of employment and the deceased worker died more than one year after the date of the injury, the amount of any compensation in the form of weekly payments of pension payable to the dependants of the deceased worker under section 92B must be varied on the anniversary date of the injury in respect of the year beginning on that date by varying the amount of the deceased worker's pre-injury average weekly earnings for the purposes of the calculation of the amount of the weekly pension in accordance with the formula—

where—

        D     is the amount of the worker's pre-injury average weekly earnings within the meaning of Division 2 of Part I or, if that amount has been varied in accordance with this section, that amount as last so varied;

        E     is the average weekly total earnings of all employees in Victoria in original terms for the most recent reference period published by the Australian Bureau of Statistics as at the 15th day of the month preceding the month in which the date on which the variation is made falls;

        F     is the average weekly total earnings of all employees for Victoria in original terms for the corresponding reference period one year earlier than the reference period referred to in E published by the Australian Bureau of Statistics as at the 15th day of the same month referred to in E.

        100B     Indexation of certain amounts—according to average weekly earnings

An amount specified in column 2 of the Table to this section must be varied, in respect of the financial year beginning on 1 July 2014 and each subsequent financial year, in accordance with the formula—

where—

        A     is the amount specified in column 2 of that item or, if that amount has been varied in accordance with this section as in force for the time being, that amount as last so varied;

        B     is the average weekly total earnings of all employees in Victoria in original terms for the most recent reference period in the preceding calendar year published by the Australian Bureau of Statistics as at 15 June immediately preceding the date on which the variation is made;

        C     is the average weekly total earnings of all employees in Victoria in original terms for the corresponding reference period in the calendar year preceding the calendar year referred to in B published by the Australian Bureau of Statistics as at 15 June immediately preceding the date on which the variation is made.

TABLE

Column 1 Item	Column 2 Amount
1	Section 93A(1)(a)(ii)—$1210
2	Section 93A(1)(b)(ii)—$1210
3	Section 93A(2)(a)(ii)—$1510
4	Section 93A(2)(b)(ii)—$1510
5	Section 93B(1)(a)(ii)—$1210
6	Section 93B(1)(b)(ii)—$1210
7	Section 93B(1)(c)(ii)—$1210
8	Section 93B(2)(a)(ii)—$1510
9	Section 93B(2)(b)(ii)—$1510
10	Section 93C(2)(a)(ii)—$1510
11	Section 93C(2)(b)(ii)—$1210
12	Section 93C(2)(c)(ii)—$1510
13	Section 93CA(1)(c)—$177
14	Section 93CD(4)(a)—$177
15	Section 93CD(5)(a)(ii)—$1210
16	Section 93CD(5)(b)(ii)—$1510
17	Section 93CDA(1)(d)—$155
18	Section 129B(7)—$14 990
19	Section 135A(7)(a)(i)—$59 670
20	Section 135A(7)(a)(ii)—$1 343 540
21	Section 135C(2)—$886 330
22	Schedule 1A, item 11—$1210

        100C     Indexation of certain amounts—consumer price index

Subject to section 99(16) , an amount in dollars specified in column 2 of an item in the Table to this section must be varied, in respect of the financial year beginning on 1 July 2014 and each subsequent financial year, in accordance with the formula—

where—

        A     is the amount specified in column 2 of that item or, if that amount has been varied in accordance with this section, that amount as last so varied;

        B     is the all groups consumer price index for Melbourne for the most recent reference period in the preceding calendar year most recently published by the Australian Bureau of Statistics as at 15 June immediately preceding the date on which the variation is made;

        C     is the all groups consumer price index for Melbourne for the corresponding reference period one year earlier than the reference period referred to in B published by the Australian Bureau of Statistics as at 15 June immediately preceding the date on which the variation is made.

TABLE

Column 1 Item	Column 2 Amount
1	Section 62(3)—$56
2	Section 62(4)—$386
3	Section 92A(4)—$555 350
4	Section 92A(5)—$555 350
5	Section 92A(6)(a)—$499 810
6	Section 92A(6)(b)—$55 530
7	Section 92A(7)—$555 350
8	Section 92A(7)(a)—$27 770
9	Section 92A(8)—$555 350
10	Section 92A(8)(a)—$416 520
11	Section 92A(8)(b)—$138 840
12	Section 92A(8A)—$555 350
13	Section 92A(8B)—$555 350
14	Section 92A(9)—$555 350
15	Section 92AA—$33 120
16	Section 92D(1)(b)—$8270

17	Section 98C(2)(b)(i)—$11 670 and $9940
18	Section 98C(2)(b)(ii)—$11 670 and $9940
19	Section 98C(2)(c)(i)—$18 810 and $2830
20	Section 98C(2)(c)(ii)(A)—$18 810 and $2830
21	Section 98C(2)(c)(ii)(B)—$18 810 and $2830

Column 1 Item	Column 2 Amount
22	Section 98C(2)(d)—$75 260 and $4700
23	Section 98C(2)(e)(i)—$262 070 and $29 330
24	Section 98C(2)(e)(ii)—$555 350
25	Section 98C(2)(f)—$555 350
26	Section 98C(3)(b)—$18 810 and $2830
27	Section 98C(3)(c)—$75 260 and $4700
28	Section 98C(3)(d)(i)—$262 070 and $29 330
29	Section 98C(3)(d)(ii)—$555 350
30	Section 98C(3)(e)—$555 350

31	Section 98C(3A)(a)—$2830 and $1860
32	Section 98C(3A)(b)—$2830
33	Section 98C(3A)(c)—$4700, $2830 and $1860
34	Section 98C(3A)(d)—$4700 and $2830
35	Section 98C(3A)(e)—$4700
36	Section 98C(4)—$67 660
37	Section 98C(7)—$555 350
38	Section 98C(8)—$555 350
39	Section 98E(5)—$273 640
40	Section 99(1)(b)—$5870
41	Section 99(5)—$642
42	Section 99(15)—$32.50
43	Section 125(1)(a)(iii)—$642
44	Section 125A(3)(c)—$642
Column 1 Item	Column 2 Amount
45	Section 134AB(22)(a)(i)—$56 650
46	Section 134AB(22)(a)(ii)— $1 275 570
47	Section 134AB(22)(b)(i)—$54 730
48	Section 134AB(22)(b)(ii)—$555 350
49	Section 135A(7)(b)(i)—$50 680
50	Section 135A(7)(b)(ii)—$514 360
51	Schedule 3B No disadvantage—Compensation Table: each amount specified in the Table.

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