Victorian Current Acts Victorian Current Acts(1) If the Commission becomes aware that it is making payments of compensation in respect of a transport accident to a person who is not and never has been entitled to payments in respect of that accident, the Commission must give notice to the person to that effect and cease the payments.
(2) If the Commission considers it is not liable to continue payments of compensation in respect of a transport accident—
(a) in the case of payments in respect of any injury—
(i) under section 44, 45 or 60 in respect of the first 18 months after the accident; or
(ii) under Division 1 of Part 10—
because the person no longer has the injury or no longer has it by reason of the transport accident; or
S. 74(2)(b) amended by Nos 94/2004 s. 4(4), 71/2013 s. 25.
(b) in the case of payments under section 44, 45, 49, 50 or 51—because the Commission reasonably believes that the person has not accepted a reasonable offer of suitable employment or a reasonable offer of employment which offers increased earnings or has not accepted a reasonable offer of rehabilitation or of vocational rehabilitation services—
the Commission must give notice to the person of its decision to discontinue or reduce payments accordingly.
S. 74(3) substituted by No. 32/1988 s. 18(3).
(3) If the Commission gives notice under subsection (2), the Commission may discontinue or reduce payments to a person if—
(a) the person does not apply to the Tribunal within 28 days after receiving the notice; or
(b) the person does so apply and the Commission, within 28 days after receiving a copy of the application, reconsiders the decision in accordance with section 78 and confirms the decision.
(4) If—
(a) a person who is injured as a result of a transport accident commences or resumes employment as an employed or self‑employed person; or
(b) the actual weekly earnings of such a person increase—
the Commission may discontinue or reduce a weekly payment made to the person under section 44 or 45.