Victorian Current Acts

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ACCIDENT COMPENSATION ACT 1985 - SECT 119IA

Circumstances in which offer may be withdrawn or settlement avoided

    (1)     If this section applies, the Authority or a self‑insurer may—

        (a)     withdraw an offer of settlement made to the worker under this Division before the worker has accepted the offer of settlement;

        (b)     if the worker has accepted the offer of settlement made to the worker under this Division and the settlement payment has not been made, avoid the settlement.

    (2)     This section applies if a worker applying for a settlement under this Division has made a fraudulent or reckless misrepresentation relating to his or her circumstances or any change in his or her circumstances which would have been material to the decision of the Authority or self‑insurer under section 119E whether or not to offer a settlement to the worker.

    (3)     Without limiting the generality of subsection (2), the circumstances include—

        (a)     the worker ceases to satisfy any of the eligibility criteria specified in section 115, 116, 117 or 118;

        (b)     the worker is serving a sentence of imprisonment which would disentitle the worker to weekly payments in accordance with section 97(7) ;

        (c)     the worker becomes aware that any other ground for the termination of weekly payments in accordance with section 114 applies but weekly payments have not been terminated.

S. 119J inserted by No. 82/2001 s. 3.



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