Victorian Current Acts Victorian Current ActsS. 93C(1) substituted by No. 8/2024 s. 27(1).
(1) Subject to section 93CD, a worker's entitlement to compensation in the form of weekly payments under this Part ceases upon the expiry of the second entitlement period unless—
(a) subject to paragraph (c), the worker is assessed by the Authority or self‑insurer as having no current work capacity and likely to continue indefinitely to have no current work capacity; or
(b) the worker is a pre-12 November 1997 claimant who has a serious injury; or
(c) in the case of a worker whose second entitlement period expires on or after 1 January 2024, the Authority or self‑insurer determines in accordance with Subdivision 1A of Division 2 of Part 5 of the Workplace Injury Rehabilitation and Compensation Act 2013 that the worker—
(i) has no current work capacity and is likely to continue indefinitely to have no current work capacity; and
(ii) has a whole person impairment of more than 20 per cent.
S. 93C(2) amended by No. 8/2024 s. 27(2).
(2) A worker to whom subsection (1)(a), (b) or (c) applies is entitled, subject to and in accordance with this Part and Part VIIB, to compensation in the form of weekly payments—
(a) if the worker is a pre-12 November 1997 claimant who has a serious injury, at the rate of—
(i) the difference between 90 per cent of the worker's pre-injury average weekly earnings and 90 per cent of the worker's current weekly earnings; or
S. 93C(2)(a)(ii) amended by Nos 80/2010 s. 82(r), 67/2013 s. 632(r) (as amended by No. 44/2014 s. 24(29)).
(ii) the difference between $1210 and 90 per cent of the worker's current weekly earnings—
whichever is the lesser;
S. 93C(2)(b) amended by Nos 80/2010 s. 82(r), 67/2013 s. 632(r), substituted by No. 67/2013 s. 630(2).
(b) if the worker is a pre-12 November 1997 claimant who does not have a serious injury, at the rate of—
(i) the difference between 80 per cent of the worker's pre-injury average weekly earnings and, if the worker has current weekly earnings, 80 percent of those current weekly earnings; or
(ii) the difference between $1210 and, if the worker has current weekly earnings, 80 per cent of those current weekly earnings—
whichever is the lesser;
S. 93C(2)(c) amended by Nos 80/2010 s. 82(s), 67/2013 s. 632(s), substituted by No. 67/2013 s. 630(2).
(c) in the case of a claim for compensation in the form of weekly payments first made in respect of the injury to which the claim relates on or after 12 November 1997 and before 5 April 2010 at the rate of—
(i) the difference between 80 per cent of the worker's pre-injury average weekly earnings and, if the worker has current weekly earnings, 80 per cent of those earnings; or
(ii) the difference between $1510 and, if the worker has current weekly earnings, 80 per cent of those current weekly earnings—
whichever is the lesser;
S. 93C(2)(d) amended by No. 80/2010 s. 50(2)(e), substituted by No. 67/2013 s. 630(2).
(d) in the case of a claim for compensation in the form of weekly payments first made in respect of the injury to which the claim relates on or after 5 April 2010 at the rate of—
(i) the difference between 80 per cent of the worker's pre-injury average weekly earnings, less the deductible amount and, if the worker has current weekly earnings, 80 per cent of those earnings; or
(ii) the difference between twice the State average weekly earnings and, if the worker has current weekly earnings, 80 per cent of those current weekly earnings—
whichever is the lesser.
(3) A review of the assessment of a worker to whom subsection (1)(a) or (b) applies may be conducted by the Authority or self-insurer at any time and must be conducted as often as may reasonably be necessary and in any event at least once every 2 years.
S. 93C(4) inserted by No. 8/2024 s. 27(3).
(4) In the case of a worker referred to in subsection (1)(c) who is receiving compensation under subsection (2), the Authority or self-insurer—
(a) may review the work capacity of the worker at any time; and
(b) must review the work capacity of the worker as often as reasonably necessary and not less than once every 2 years.
S. 93CA inserted by No. 107/1997
s. 29, amended by Nos 81/1998 s. 23(b), 102/2004 s. 38(1)(i),
substituted by No. 9/2010 s. 31.