Victorian Current Acts

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Circumstances in which weekly payments are reduced because of conviction for drug-driving offence

    (1)     This section applies if—

        (a)     a worker's incapacity for work results from, or is materially contributed to by, an injury that—

              (i)     entitles the worker to compensation in the form of weekly payments; and

              (ii)     was caused by a transport accident involving a motor vehicle of which the worker was the driver at the time of the accident; and

        (b)     in respect of such driving, the worker is convicted or found guilty of an offence under section 49(1)(bb), (h) or (i) of the Road Safety Act 1986 or under a law of another State or of a Territory that is declared to be a corresponding law under section 47A(2) of the Road Safety Act 1986 .

    (2)     Compensation in the form of weekly payments under this Part is reduced by one third for a period of 130 weeks (whether or not consecutive) from the date on which notice of the reduction was given to the worker under section 114(10).

    (3)     This section does not apply—

        (a)     if the injury results in death or is a severe injury within the meaning of section 82; or

        (b)     the worker satisfies the Authority or self‑insurer that the concentration of, or presence of, drugs in his or her blood or oral fluid did not contribute in any way to the injury.

S. 82BA inserted by No. 49/2014 s. 50.

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