Victorian Numbered Acts Victorian Numbered Acts(1) In section 103 of the Accident Compensation Act 1985 , for subsections (1), (1A), (1B), (2), (3) and (4), substitute —
"(1) A claim for compensation must be in a form approved by the Authority in respect of that type or class of claim.
(2) A claim for compensation in the form of weekly payments must—
(a) state the date on which the worker ceased work because of the injury; or
(b) be accompanied by a medical certificate in accordance with section 105; or
(c) be supplemented at a later date by a medical certificate in accordance with section 105.
(3) A claim for compensation (other than a claim arising from the death of a worker) must include an authority, signed by the worker, authorising a provider of a medical service or hospital service to the worker in connection with the injury to which the claim relates to give to the Authority, self-insurer or employer information regarding the service relevant to the claim.
(4) Where a claim for compensation in the form of weekly payments has been given to or served on the employer or self-insurer or lodged with the Authority but was not accompanied by a medical certificate, compensation in the form of weekly payments is not payable unless and until a medical certificate in accordance with section 105 has been given to or served on the employer or self-insurer or lodged with the Authority.
(4A) A claim for compensation—
(a) must be given to or served on the employer or self-insurer; or
(b) if section 106 of this Act or Part 5 of the Accident Compensation (WorkCover Insurance) Act 1993 applies, must be lodged with the Authority.
(4B) A claim for compensation is deemed to have been given to or served on the employer or self-insurer or lodged with the Authority if it is given, served or lodged in accordance with guidelines made by the Minister.
(4C) The Minister may make guidelines for the purposes of this section specifying the manner and form in which a claim for compensation may be given, served or lodged.
(4D) Guidelines made under subsection (4C) must be published—
(a) in the Government Gazette; and
(b) on a Government Internet website.
(4E) If the employer or self-insurer or the Authority receives from a worker a claim for compensation made in accordance with this section, the employer or self-insurer or the Authority must, as soon as is reasonably practicable, give the worker acknowledgement in writing that the claim has been received.
(4F) A worker may notify the Authority that the worker has given to or served on the employer a claim for compensation in the form of weekly payments by giving to the Authority—
(a) a copy of the claim signed and dated by the worker; and
(b) a copy of the relevant medical certificate in accordance with section 105.
(4G) A claim is deemed to have been made in accordance with this section despite any material defect, omission or irregularity in the claim that relates to information that is within the knowledge of the employer or self-insurer or the Authority, as the case requires.
(4H) A claim that contains a material defect, omission or irregularity to which subsection (4G) does not apply is deemed not to have been made if, within 14 days after the claim is given to or served on the employer, lodged with the Authority or given to the self-insurer, as the case requires, the Authority or the self-insurer returns the claim to the claimant with a notice that—
(a) specifies in detail each material defect, omission and irregularity identified in the claim; and
(b) states that any period within which the claim is required to be dealt with does not commence until a claim that does not contain any specified material defect, omission or irregularity is given to, served on or lodged with the Authority or the self-insurer.".
(2) In section 103 of the Accident Compensation Act 1985 —
(a) in subsection (7)(a), for "claim for weekly payments" substitute "claim for compensation in the form of weekly payments";
(b) in subsection (11)(a) for " section 103(1)(c)" substitute " section 103(4A)";
(c) in subsection (11)(b), omit "under that section";
(d) in subsection (11)(c), omit "under that Part".