Victorian Current Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 185

Where worker's weekly payments are reduced

    (1)     If the current weekly earnings of a worker who—

        (a)     has an incapacity for work resulting from, or materially contributed to by, an injury; and

        (b)     is receiving, or but for the worker's current weekly earnings, would have been entitled to receive, compensation in the form of weekly payments—

are reduced because—

        (c)     the worker no longer resides in Victoria; or

        (d)     the worker's employment was terminated because of the worker's misconduct; or

        (e)     the worker—

              (i)     has resigned; or

              (ii)     reduced the hours worked otherwise than in the circumstances referred in section 166

for reasons unrelated to the worker's incapacity—

the Authority or a self-insurer may determine—

        (f)     not to alter the amount of compensation in the form of weekly payments paid to the worker; or

        (g)     not to pay compensation in the form of weekly payments.

    (2)     If the Authority or a self-insurer makes a determination under subsection (1)—

        (a)     the Authority or self-insurer must give written notice to the worker of the determination and the reasons for it; and

        (b)     the worker's entitlement to compensation in the form of weekly payments is adjusted in accordance with the determination.

    (3)     A determination under subsection (1) takes effect—

        (a)     from the day on which the current weekly earnings were reduced; or

        (b)     if the Authority or self-insurer specifies a later date in the determination, on that later date.

    (4)     If the current weekly earnings of a worker are reduced because the worker is on paid annual leave or long service leave, the Authority or self‑insurer must not, by reason only of that reduction, alter the amount of compensation in the form of weekly payments.



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