Victorian Current Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 337

Authority may consent to bringing of proceedings

    (1)     If, on the application of a worker, the Authority is satisfied that—

        (a)     the worker is unable to commence proceedings in accordance with this Division because of the operation of section 335(2)(d); and

        (b)     the failure to comply with section 335(2)(d) was not due to any fault or omission of the worker or the worker's legal representative

the Authority may consent to the bringing of an application under section 335(2)(d).

    (2)     If the Authority is satisfied that a worker is unable to commence proceedings in accordance with this Division because of the operation of section 333 , on the application of the worker, the Authority may consent to the commencement of proceedings—

        (a)     either—

              (i)     earlier than 21 days after the date the statutory counter offer is made; or

              (ii)     later than 51 days, but no later than 81 days, after that date—

if the Authority is satisfied that the defence of the proceedings will not be prejudiced; or

        (b)     later than 81 days after the date the statutory counter offer is made if the Authority is satisfied that the failure to comply with section 333 was not due to any fault or omission of the worker or the worker's legal representative.



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