Victorian Current Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 189

When a required period of notice must be given

    (1)     If a worker—

        (a)     has received weekly payments of compensation for a continuous period of at least 12 weeks; and

        (b)     has provided the worker's employer, or where applicable, the Authority or self‑insurer with a certificate of capacity in accordance with section 167

the Authority or self-insurer must not terminate or reduce weekly payments during the period of incapacity so specified without giving the worker the required period of notice of intention to do so.

    (2)     If weekly payments are terminated or reduced in contravention of subsection (1), the worker may recover from the Authority or self-insurer an amount of compensation that—

        (a)     if no period of notice has been given, is equal to the amount of compensation or additional compensation, that would have been payable during the required period of notice if weekly payments had not been terminated or reduced; or

        (b)     if less than the required period of notice has been given, is equal to the amount of compensation that would have been payable during the balance of the required period of notice if weekly payments had not been terminated or reduced.

    (3)         The required period of notice, unless expressly otherwise provided in this Act is—

        (a)     if the worker has been receiving weekly payments of compensation for a continuous period of at least 12 weeks but less than one year, 14 days; or

        (b)     if compensation in the form of superannuation contributions has been paid in respect of a worker for a continuous period of at least 12 weeks but less than one year, 14 days; or

        (c)     if the worker has been receiving weekly payments of compensation for a continuous period of one year or more, 28 days; or

        (d)     if compensation in the form of superannuation contributions has been paid in respect of a worker for a continuous period of one year or more, 28 days; or

        (e)     if the termination of weekly payments is solely on the ground of the expiry of the second entitlement period, 13 weeks;

        (f)     if the worker has been receiving compensation in the form of weekly payments under section 165 and ceases to be entitled to receive such compensation, 28 days; or

        (g)     if the worker has been receiving compensation in the form of weekly payments under section 165 and the termination is because the employer has withdrawn the employment, 13 weeks commencing on the day on which the employer informs the worker of the withdrawal of employment.



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