Victorian Current Acts

ACCIDENT COMPENSATION ACT 1985 - SECT 91E

In this Division—

S. 91E def. of deductible amount inserted by No. 80/2010 s. 50(1), amended by No. 67/2013 s. 628(2)(a).

"deductible amount" means the sum of the value, in respect of a week, of each non-pecuniary benefit referred to in section 5AB(1)(d) that is provided by the employer to a worker in respect of that week (whether or not received by the worker during the relevant period), being a non-pecuniary benefit that—

        (a)     was provided by the employer to the worker for the performance of work by the worker before the worker sustained the relevant injury and continues after the injury to be provided by the employer for the benefit of the worker or a member of the family of the worker; or

        (b)     was not provided by the employer before the worker sustained the relevant injury but is provided by the employer after the injury for the benefit of the worker or a member of the family of the worker;

first entitlement period, in relation to a claim for compensation in the form of weekly payments made by a worker—

        (a)     if the claim is made by a pre‑12 November 1997 claimant and relates to an injury arising before that date, means an aggregate period of incapacity for work not exceeding 26 weeks (whether or not consecutive) after the worker became entitled to compensation in the form of weekly payments in respect of the incapacity;

        (b)     if the claim is made on or after 12 November 1997, means an aggregate period not exceeding 13 weeks (whether or not consecutive) in respect of which a weekly payment has been paid or is payable to the worker;

"pre-12 November 1997" claimant , in relation to a claim for compensation in the form of weekly payments given, served or lodged before 12 November 1997 in respect of an injury arising before that date, means a worker who—

        (a)     as at that date, was entitled to compensation in the form of weekly payments in accordance with section 93A or 93B (as in force before the commencement of section 31 of the Accident Compensation Amendment Act 2010 ); or

        (b)     on or after that date, was determined under this Act to have been so entitled as at 12 November 1997; or

        (c)     but for the operation of section 96 (as in force before the commencement of section 31 of the Accident Compensation Amendment Act 2010 ) would have been so entitled as at 12 November 1997;

"second entitlement period", in relation to a claim for compensation in the form of weekly payments made by a worker—

        (a)     if the claim is made by a pre‑12 November 1997 claimant and relates to an injury arising before that date, means an aggregate period of 78 weeks (whether or not consecutive) after the first entitlement period in respect of which a weekly payment has been paid or is payable to the worker;

        (b)     if the claim is made on or after 12 November 1997 and received by the Authority or self-insurer before 1 January 2005, means an aggregate period of 91 weeks (whether or not consecutive) after the expiry of the first entitlement period in respect of which a weekly payment has been paid or is payable to the worker;

        (c)     if the claim is received by the Authority or self-insurer on or after 1 January 2005, means an aggregate period of 117 weeks (whether or not consecutive) after the expiry of the first entitlement period in respect of which a weekly payment has been paid or is payable to the worker;

S. 91E def. of serious injury amended by No. 67/2013 s. 628(2)(b).

"serious injury", in relation to a claim for compensation in the form of weekly payments made before 12 November 1997 , means an injury to a worker in respect of which the worker's degree of impairment, if assessed by the Authority or self-insurer in accordance with section 91, would be 30 per cent or more;

S. 91E def. of week inserted by No. 67/2013 s. 628(2)(c), amended by No. 21/2015 s. 3(Sch. 1 item 2.1).

"week", for the purposes of—

        (a)     paragraph (b) of the definition of first entitlement period ;

        (b)     the definition of second entitlement period ;

        (c)     the definition of enhancement period ;

        (d)     calculating a period of weeks referred to in section 93CE, 114 (other than subsection (5A)(b), (9A)(b)(ii) or (13)(c) or (e)), 116 or 117—

means a week in respect of which any amount of compensation in the form of weekly payments or weekly payments of pension or superannuation contributions is paid or payable, whether for all or any part of that week.

S. 91EA inserted by No. 80/2010 s. 51.