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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 (NO. 67 OF 2013) - SECT 635

Amendment of sections 104B to 118

    (1)     In section 104B(1) of the Accident Compensation Act 1985 for "this section applies" substitute "this section, and section 6(1) and Divisions 1 and 2 of Part 2 of the Workplace Injury Rehabilitation and Compensation Act 2013 apply.".

    (2)     Sections 105, 106(3), (4) and (5), 107A, 108, 109, 109AA, 111 and 112 of the Accident Compensation Act 1985 are repealed .

    (3)     In section 114(2)(c)(iii) of the Accident Compensation Act 1985 , for "earnings." substitute "earnings; or".

    (4)     After section 114(2)(c)(iii) of the Accident Compensation Act 1985 insert

    "(iv)     an amount referred to in section 155(1)(c) of the Workplace Injury Rehabilitation and Compensation Act 2013 is varied or no longer paid; or

              (v)     a non-pecuniary benefit within the meaning of section 155(1)(d) of the Workplace Injury Rehabilitation and Compensation Act 2013 is varied or no longer paid.".

    (5)     For section 114D(2) of the Accident Compensation Act 1985 substitute

    "(2)     If—

        (a)     an employer is notified by the Authority that a worker is entitled to weekly payments; or

        (b)     a self-insurer determines that a worker is entitled to weekly payments

the employer or the self-insurer, as the case may be, must make weekly payments to the worker in accordance with subsection (1).

Penalty:     In the case of a natural person, 60 penalty units;

    In the case of a body corporate, 300 penalty units.

    (2A)     A self-insurer—

        (a)     to which a direction or determination under section 114C(1) to pay weekly payments applies, must commence payment within 7 days after the direction or determination is made; or

        (b)     which accepts a claim under section 114C(3) to make weekly payments to a worker and there are any outstanding payments of weekly payments, must pay those outstanding weekly payments to the worker within 7 days after accepting the claim.

Penalty:     300 penalty units.".

    (6)     In section 114D of the Accident Compensation Act 1985 , subsections (7) and (8) are repealed .

    (7)             Sections 114H to 114S of the Accident Compensation Act 1985 are repealed .

    (8)     In section 118(b) of the Accident Compensation Act 1985 , for " section 99" substitute "Division 2B of Part IV".



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