Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ACCIDENT COMPENSATION ACT 1985 - SECT 114D

Payment of weekly payments

S. 114D(1) amended by Nos 47/1996 s. 17(a), 81/1998 s. 23(p).

    (1)     If a worker is entitled to weekly payments, the Authority unless the Authority determines otherwise, must make the payments to the worker's employer.

S. 114D(2) amended by Nos 47/1996 s. 17(b), 81/1998 s. 23(q), 9/2010 s. 160, substituted by No. 67/2013 s. 635(5).

    (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.

S. 114D(2A) inserted by No. 67/2013 s. 635(5).

    (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.

S. 114D(3) amended by Nos 47/1996 s. 17(b), 81/1998 s. 23(q).

    (3)     If an employer is required to make a payment of weekly payments before the employer receives the payment from the Authority, the employer must be reimbursed by the Authority.

S. 114D(4) amended by Nos 7/1996 s. 28, 81/1998 s. 23(q).

    (4)     If an employer to whom subsection (3) applies does not apply within 3 months after making the payment of weekly payments to a worker for reimbursement by the Authority, the Authority is not required to reimburse the employer but may do so if satisfied that the employer's delay in making the application was reasonable.

S. 114D(5) amended by No. 81/1998 s. 23(q).

    (5)     If the Authority does not reimburse the employer in respect of a payment referred to in subsection (3) within the prescribed period, the Authority is liable to pay the employer interest at the prescribed rate on the amount of the payment until the Authority reimburses the employer in respect of the payment.

    (6)     A weekly payment must be made to a worker—

        (a)     before the expiry of 7 days after the end of the week in respect of which it is payable; or

        (b)     if the worker would be paid less frequently if the worker were at work, at such time or at such intervals as he or she would be paid if at work.

S. 114D(7)(8) repealed by No. 67/2013 s. 635(6).

    *     *     *     *     *

    (9)     The liability to a worker is not satisfied until the worker receives the weekly payment.

S. 114D(10) amended by Nos 47/1996 s. 17(c)(i)(ii), 81/1998 s. 23(q).

    (10)     In subsections (1) to (5) employer means a person who is or has been an employer of the worker and whom the Authority determines to be the employer for the purposes of this section but does not include a self-insurer or a subsidiary of a self-insurer except in relation to the employment of a student worker.

S. 114E inserted by No. 50/1994
s. 50.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback