Victorian Current Acts

WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 94

    (1)     If, in any proceedings under this Act for the payment of weekly payments or of compensation under Division 5, 7 or 8 of Part 5, a court is of the opinion that the employer, the Authority or a self-insurer is responsible for any unreasonable delay—

        (a)     the court may direct the amount of compensation determined and payable under this Act to be increased by an amount specified by the court; and

        (b)     the Authority or self-insurer must pay the person entitled to compensation the amount of the increase.

    (2)     If the court made a direction increasing the amount of compensation payable under subsection (1)(a) as a result of forming the opinion that the employer was responsible for any unreasonable delay, the Authority may require the employer to pay an amount equivalent to the increase paid by the Authority as if it were premium payable under Part 10.

    (3)     The amount of the increase must not exceed—

        (a)     in the case of weekly payments, one-tenth of the total amount of the weekly payments accrued due at the date of the assessment of compensation; or

        (b)     in the case of compensation under Division 5 of Part 5, one-tenth of the lump sum calculated under that Division; or

        (c)     in the case of compensation under section 236 or 237, one-tenth of the total amount of the compensation; or

        (d)     in the case of weekly pensions under section 241, one-tenth of the total amount of the weekly pensions accrued due at the date of the assessment of compensation.