Victorian Current Acts

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ACCIDENT COMPENSATION ACT 1985 - SECT 119B

Authority or self-insurer must respond to expression of interest

    (1)     On receiving an expression of interest in applying for a settlement from a worker, the Authority or self-insurer must give the worker a written response to the expression of interest.

    (2)     If the Authority or self-insurer is of the opinion that the worker is eligible to apply for the settlement, the response must include—

        (a)     a statement of that opinion; and

        (b)     a statement of the amount that the worker is eligible to receive under this Division if he or she applies for the settlement and an offer of settlement is made; and

        (c)     a statement that the Authority or self-insurer will not grant an application unless the worker obtains legal and financial advice as specified in any relevant direction of the Minister under section 119L, and a copy of any such direction; and

        (d)     a statement—

              (i)     that the Authority or self-insurer will pay the reasonable costs of the worker in obtaining the legal and financial advice; and

              (ii)     of the maximum amount that will be paid with respect to the advice; and

              (iii)     of when and how the costs of the advice will be paid; and

        (e)     a statement that sets out the period within which the application must be made and that states the consequences if an application is not made within that time.

    (3)     If the Authority or self-insurer is of the opinion that the worker is not eligible to apply for the settlement, the response must include—

        (a)     a statement of that opinion; and

        (b)     a statement of the reasons why the Authority or self-insurer is of that opinion.

S. 119C inserted by No. 82/2001 s. 3.



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