Victorian Current Acts Victorian Current ActsS. 28(1) amended by Nos 8733 s. 3(3)(a), 9075 s. 5(2).
(1) No payment (other than a weekly payment to a worker or a payment of the costs of medical, hospital, nursing or ambulance services or of burial or cremation) shall be deemed to be a payment of compensation, or in valid compromise of any claim, under this Act unless—
S. 28(1)(a) amended by Nos 10191 s. 270(14)(a), 67/1992 s. 64(11)(b).
(a) the payment is made pursuant to an award of the County Court; or
S. 28(1)(b) amended by Nos 8733 s. 3(3)(b), 10191 s. 270(14)(a), 67/1992 s. 64(11)(b).
(b) the County Court orders that the payment is to be deemed a payment of compensation, or in valid compromise of a claim, under this Act.
S. 28(2) amended by Nos 8733 s. 3(3)(c), 10191 s. 270(6) (14)(a), 67/1992 s. 64(11)(b).
(2) If any person, otherwise than in accordance with an award of the County Court, makes any payment (other than a weekly payment as aforesaid or a payment of the costs of any service or burial or cremation as aforesaid) in purported payment of compensation, or in purported compromise of any claim, under this Act, then—
(a) the person who makes the payment; and
(b) (if that person is an employé or agent of the employer concerned or of that employer's insurer) the employer or insurer (as the case may be)—
shall be severally guilty of an offence against this Act and liable for a first offence to a penalty of not more than 20 penalty units and for any subsequent offence to a penalty of not more than 50 penalty units:
S. 28(2) Proviso amended by Nos 8733 s. 3(3)(d), 10191 s. 270(14)(a), 67/1992 s. 64(11)(b).
Provided that it shall be a defence to any prosecution for any such offence
that the County Court has ordered that the payment is to be deemed a payment
in full settlement of compensation in accordance with, or in valid compromise
of the whole claim under, this Act.
S. 28(3) amended by Nos 8733 s. 3(3)(e), 10191 s. 270(6) (14)(a), 67/1992 s. 64(11)(b).
(3) If the parties desire to compromise matters in dispute upon any claim for compensation under this Act the County Court may after such investigation as it thinks proper make an award by consent of the parties.
S. 28(4) amended by Nos 8733 s. 3(3)(e), 10191 s. 270(14)(a), 67/1992 s. 64(11)(b).
(4) Where any award under this Act has been made by consent of the parties the County Court may upon any grounds which appear to the County Court to be sufficient re-open the matter and alter set aside or confirm the award.
S. 28(5) repealed by No. 8733 s. 3(3)(f).
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No. 5601 s. 29.
S. 29 amended by No. 7292 s. 8(a).