Victorian Current Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 7

Matters affecting entitlement to compensation

    (1)     Nothing in this Act entitles a worker to compensation under this Act in respect of a disease due to the nature of employment in which the worker was employed unless the worker has been employed in employment of that nature on or after 1 July 2014.

    (2)     A person is not entitled to receive compensation in the form of weekly payments in respect of the same injury under this Act and under the Accident Compensation Act 1985 or the Workers Compensation Act 1958 .

    (3)     If a worker is entitled to receive weekly payments under this Act and under the Accident Compensation Act 1985 or the Workers Compensation Act 1958 , or both, at the same time, the sum of the rate of weekly payments received under the Accident Compensation Act 1985 or the Workers Compensation Act 1958 and the rate of the weekly payments under this Act must not exceed the maximum rate of weekly payments specified in this Act and the amount of weekly payments payable under this Act is reduced accordingly.

    (4)     If a worker commences, or has commenced, to receive compensation in the form of weekly payments under this Act, the entitlement of the worker to continue to receive weekly payments, and the amount of those payments, depends on the provisions of this Act as in force from time to time.

Note

Entitlement to compensation for an injury to a worker arising out of, or in the course of, or due to the nature of, employment solely before 1 July 2014 will be determined under sections 4 and 4A of the Accident Compensation Act 1985 or section 1A of the Workers Compensation Act 1958 as in force from time to time.



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