Victorian Current Acts

TRANSPORT ACCIDENT ACT 1986 - SECT 55

S. 55(1) repealed by No. 94/2004 s. 11(4).

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S. 55(2) substituted by No. 32/1988 s. 14(1), amended by No. 34/1998
s. 12(1).

    (2)     A review of the entitlement of a person who is receiving weekly payments under section 49, 50 or  51—

        (a)     may be undertaken by the Commission at any time at the request of the person; and

S. 55(2)(b) amended by No. 49/2018 s. 11.

        (b)     may be undertaken by the Commission at least once in each period of five years; and

        (c)     must not be undertaken by the Commission more than once in each period of five years unless the person otherwise requests.

    (3)     If, when the Commission undertakes a review of a person's entitlement under subsection (2), the Commission has not received the statement of earnings required to be provided under section 49, 50 or 51 in respect of any of the last preceding five years, the person is not entitled to receive a weekly payment under that section until—

        (a)     the person has given the Commission the statement of earnings; and

        (b)     the Commission has completed the review of the person's entitlement.

    (4)     When the Commission has completed a review under this section in relation to a person the Commission may take such steps as are necessary to increase, decrease or cease payments to the person under this Part, whether by reviewing its determination of the degree of impairment or of the earning capacity of the person or otherwise.

    (5)     If an interim payment of compensation has been made under section 72, this section does not apply unless the Commission has made a final decision or determination as to the payment of compensation.

S. 55(6) inserted by No. 34/1998
s. 12(2).

    (6)     A review of a person's entitlement under this section must be undertaken using the same methods for determining the degree of impairment that were used in making the first determination of the degree of impairment in relation to that entitlement.

S. 55(7) inserted by No. 84/2000 s. 16.

    (7)     Despite subsection (4), if the Commission has reviewed the earning capacity of a person who has returned to work by participating in an approved vocational rehabilitation program and the return to work is unsuccessful, the Commission must—

        (a)     restore the entitlement of the person to receive weekly payments; and

        (b)     take into account earnings received during the period of the return to work.