Victorian Numbered Acts Victorian Numbered Acts(1) An employer must forward to the Authority the following—
(a) any claim for compensation in the form of weekly payments under this Act or the Accident Compensation Act 1985 ;
(b) any relevant medical certificate in accordance with section 25 relating to a claim for compensation in the form of weekly payments;
(c) any claim for compensation under Division 4 of Part 5;
(d) any claim for compensation under Division 7 of Part 5 which comes within the employer's liability under the employer's excess under section 72(1) and has not been paid by the employer or which the employer will not pay pending a decision by the Authority;
(e) any claim for compensation under Division 7 of Part 5 which does not come within the employer's liability under the employer's excess under section 72(1) ;
(f) any claim for compensation under section 235, 236, 237 or 241;
(g) any claim for compensation under section 98, 98A, 98C or 98E of the Accident Compensation Act 1985 ;
(h) any claim for compensation under Division 2B of Part IV of the Accident Compensation Act 1985 which comes within the employer's liability under section 125(1)(a) of that Act or the employer's excess under section 125A(3) of that Act and has not been paid by the employer or which the employer will not pay pending a decision by the Authority;
(i) any claim for compensation under Division 2B of Part IV of the Accident Compensation Act 1985 which does not come within the employer's liability under section 125(1)(a) of that Act or the employer's excess under section 125A(3) of that Act;
(j) any claim for compensation under section 92, 92A or 92B of the Accident Compensation Act 1985 —
within 10 days after the employer receives the claim.
Penalty: In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
(2) An employer must forward to the Authority at such intervals and dates as are determined by the Authority a return in a form approved by the Authority of claims for compensation under—
(a) Division 7 of Part 5 which do not exceed the employer's liability under the employer's excess under section 72(1); and
(b) Division 2B of Part IV of the Accident Compensation Act 1985 which do not exceed the employer's liability under section 125(1)(a) of that Act or the employer's excess under section 125A(3) of that Act.
Penalty: In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
(3) An employer which fails without reasonable cause to forward a claim for compensation in the form of weekly payments or any relevant medical certificate in accordance with section 25, whether with the claim or at a later date, to the Authority as required by this section is liable for weekly payments made by the Authority to the worker during the period—
(a) commencing—
(i) after the employer's liability under the excess under section 72(1)(a) or (b) of this Act or section 125(1)(a) or 125A(3)(a) or (b) of the Accident Compensation Act 1985 is reached; or
(ii) if the claim was accompanied by a medical certificate in accordance with section 25, on the day on which the claim was given to or served on the employer; or
(iii) if the claim was not accompanied by a medical certificate in accordance with section 25, on the day on which the employer received the medical certificate—
whichever is later, and ending on the later of—
(iv) the day on which the claim for compensation in the form of weekly payments is received by the Authority; or
(v) the day on which the medical certificate is received by the Authority; or
(b) if section 72(6) of this Act or section 125A(6) of the Accident Compensation Act 1985 applies, commencing—
(i) immediately after the employer's liability under section 72(1)(a) or (b) of this Act or section 125A(3)(a) or (b) of the Accident Compensation Act 1985 has been met by the Authority; or
(ii) if the claim was accompanied by a medical certificate in accordance with section 25, on the day on which the claim was given to or served on the employer; or
(iii) if the claim is not accompanied by a medical certificate in accordance with section 25, on the day on which the employer received the medical certificate—
whichever is later, and ending on the later of—
(iv) the day on which the claim for compensation in the form of weekly payments is received by the Authority; or
(v) the day on which the medical certificate is received by the Authority.
(4) The Authority may impose on an employer to whom subsection (3) applies a penalty for the failure referred to in that subsection in respect of the relevant period referred to in that subsection calculated in accordance with the method determined under subsection (8).
(5) Subsections (3) and (4)—
(a) impose a liability and penalty which is in addition to any other liability or penalty under this Act;
(b) do not apply to an employer which is an employer to whom section 30 applies;
(c) do not apply to an employer in relation to the employment of a student worker.
(6) If an employer neglects, refuses or is unable to reimburse the Authority in respect of the liability imposed under subsection (3) or (4), the Authority may recover an amount equal to that liability in a court of competent jurisdiction as a debt due to the Authority.
(7) If the employer fails without reasonable cause to forward a claim to the Authority as required by this section, the Authority may—
(a) impose on the employer a penalty calculated in accordance with the method determined under subsection (8); or
(b) recover as a debt due to the Authority in any court of competent jurisdiction an amount equivalent to any cost or expense incurred by the Authority solely as a result of the failure to forward the claim as required.
(8) The Governor in Council, by Order published in the Government Gazette, may determine the method for calculating the penalty payable by an employer who fails without reasonable cause to forward a claim to the Authority as required by this section.
(9) The Authority may recover a penalty imposed under subsection (7)(a) in a court of competent jurisdiction as a debt due to the Authority.
(10) This section does not apply to an employer who is a self-insurer or an eligible subsidiary of a self-insurer except in relation to the employment of a student worker.