Victorian Current Acts

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ACCIDENT COMPENSATION ACT 1985 - SECT 104AA

Withdrawal of claims for compensation under sections 98 and 98A

    (1)     A worker may withdraw a claim for compensation under section 98 or 98A at any time before the certificate described in section 104(8) is issued in respect of the claim.

    (2)     To withdraw a claim, the worker must give the Authority or self-insurer a notice of withdrawal that is in a form approved by the Authority.

    (3)     On the Authority or self-insurer receiving a notice of withdrawal of a claim under this section, the claim is deemed, for the purposes of taking further action under this Act, not to have been made.

    (4)     Despite subsection (3), if the worker withdraws a claim under this section after—

        (a)     a Conciliation Officer has referred a medical question in relation to the claim to a Medical Panel under section 56(6); and

        (b)     the Medical Panel has given its opinion on the question—

that opinion has effect for the purposes of any subsequent claim for compensation under section 98 or 98A made by the worker in respect of which the opinion is relevant as if the opinion had been obtained for the purposes of that subsequent claim.

    (5)     This section applies to a claim regardless of whether or not it was given, served or lodged before, on or after the date of commencement of section 18 of the Accident Compensation (Amendment) Act   2001 .

S. 104A inserted by No. 7/1996 s. 24(1).



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