Victorian Current Acts

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ACCIDENT COMPENSATION ACT 1985 - SECT 96A

Notification of entitlement to certain payments

S. 96A(1) amended by No. 9/2010 s. 41(a)(b).

    (1)     If a worker who is claiming weekly payments under this Part receives a pension specified in section 96(1) or a lump sum amount specified in section 96(2) , the worker must within 14 days of first receiving the pension or lump sum amount give notice in writing to the person from whom weekly payments are being claimed of the nature, source and amount of the pension or lump sum amount.

S. 96A(2) amended by No. 9/2010 s. 41(a)(b).

    (2)     If a worker has received or is receiving a pension specified in section 96(1) or a lump sum amount specified in section 96(2) or has withdrawn or redeemed any part of the amount deposited or used under section 96(2) at the time that the worker makes a claim for the payment of weekly payments under this Part, the worker must give notice in writing of the nature, source and amount of the pension or lump sum amount or of the withdrawal or redemption at the same time that the claim is given, served or lodged.

S. 96A(3) amended by No. 9/2010 s. 41(b).

    (3)     A worker required to give notice in writing under subsection (1) or (2) must within 14 days give notice in writing to the person from whom weekly payments are being claimed if there is any change in the amount of the pension or lump sum amount or if he or she withdraws or redeems any part of the amount deposited or used under section 96(2).

S. 96A(4) amended by Nos 81/1998 s. 23(e), 9/2010 s. 41(a).

    (4)     If an employer (not being a self-insurer or a subsidiary of a self-insurer) against whom a worker is claiming weekly payments under this Part becomes aware that the worker is, or may be, entitled to a pension specified in section 96(1) or a lump sum amount specified in section 96(2), the employer must within 28 days of becoming so aware give notice in writing to the Authority, of the entitlement.

S. 96A(5) amended by Nos 81/1998 s. 23(e), 9/2010 s. 41(a).

    (5)     If an employer (not being a self-insurer or a subsidiary of a self-insurer) against whom a worker makes a claim for the payment of weekly payments under this Part is at the time that the worker makes the claim aware that the worker is, or may be, entitled to a pension specified in section 96(1) or a lump sum amount specified in section 96(2), the employer must within 28 days of the making of the claim give notice in writing to the Authority, of the entitlement.

    (6)     A reference in this section to claiming weekly payments includes making a claim, or claiming to be entitled to weekly payments, or receiving weekly payments.

S. 96A(7) amended by No. 9/2010 s. 41(c).

    (7)     A person who fails to comply with this section is guilty of an offence.

Penalty:     40 penalty units.

S. 97 substituted by No. 64/1989 s. 10, amended by No. 67/1992 s. 17(2).



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