Victorian Current Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 45

If conviction or finding of guilt overturned

    (1)     This section applies if—

        (a)     compensation in the form of weekly payments to a worker—

S. 45(1)(a)(i) amended by No. 49/2014 s. 58.

              (i)     has been reduced in accordance with section 42, 43 or  43A; or

              (ii)     in accordance with section 44, is not payable—

after the worker has been convicted or found guilty of an offence; and

        (b)     the conviction or finding is overturned on appeal.

    (2)     If this section applies, the Authority or self-insurer must pay to the worker, subject to and in accordance with this Act—

        (a)     the amount by which each weekly payment had been reduced, or the amount that had not been paid, together with interest at the prescribed rate on each such amount, in respect of the period from the date on which the payment was due until the date on which the amount is paid; and

        (b)     all amounts of compensation not paid in accordance with section 44 and to which, but for the conviction or finding of guilt, the worker would have been entitled.



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