Victorian Current Acts

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WORKERS COMPENSATION ACT 1958 - SECT 19A

Reference under section 19

    (1)     If the action of a registered medical practitioner is, or the contents of a certificate are to be, referred to the County Court under section 19

        (a)     if the aggrieved person is the person named as the employer in the certificate of disablement that person must within 21 days of the receipt by that person of notice of disablement or if that person requires in writing the production of the certificate for inspection, within 21 days of it being produced, apply in the form approved by the Authority to the Registrar of the County Court for reference of the matter to the County Court;

        (b)     if the aggrieved person is the person named as the worker in the relevant certificate, that person must, within 21 days of the date of the certificate by which or by the contents of which that person is aggrieved, apply in the form approved by the Authority to the Registrar of the County Court for reference of the matter to the County Court.

    (2)     The Registrar of the County Court may for good cause extend the time for making an application under subsection (1) for not more than 7 days.

    (3)     An application under subsection (1) must be accompanied by—

        (a)     if the worker is the applicant, the certificate of the medical practitioner; or

        (b)     if the employer is the applicant, the notice of disablement and a copy of the certificate of the medical practitioner.

    (4)     The applicant must also file with the Registrar of the County Court any copies of the application and other documents, as the Registrar of the County Court requires, for the use of the other party and the County Court.

    (5)     The Registrar of the County Court must refer the matter to the County Court.

S. 19B inserted by No. 41/2006 s. 35.



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