Victorian Numbered Acts Victorian Numbered ActsFor section 109 of the Accident Compensation Act 1985 , substitute —
(1) If the Authority or a self-insurer does not give written notice of a decision to accept or reject a claim for compensation in the form of weekly payments—
(a) if the claim was accompanied by a medical certificate in accordance with section 105, within 28 days after receiving the claim; or
(b) if the claim was not accompanied by a medical certificate in accordance with section 105, within 28 days after receiving such a medical certificate—
the claim is deemed to have been accepted and the Authority or self-insurer must pay compensation in the form of weekly payments to the worker subject to and in accordance with this Act.
(2) The Authority or a self-insurer must give written notice of a decision to accept or reject a claim for compensation referred to in section 108(1)(ba) or (c) within 28 days after receiving the claim.
(3) The written notice of a decision to accept or reject a claim for compensation in the form of weekly payments or for compensation for medical or like services under section 99 must, in the case of a decision to reject the claim, include a statement of the reasons for the decision.
(4) If—
(a) a worker notifies the Authority of a claim given to the employer under section 103(4F); and
(b) the Authority receives from the employer, within the period referred to in section 108(1), the claim and the relevant medical certificate in accordance with section 105, and does not give notice of a decision to accept or reject the claim within 28 days after the Authority receives the claim and medical certificate—
the claim is deemed to have been accepted by the Authority and the Authority must pay compensation in the form of weekly payments to the worker, subject to and in accordance with this Part.
(5) If—
(a) a worker notifies the Authority of a claim given to the employer under section 103(4F) that is accompanied by a medical certificate in accordance with section 105; and
(b) the Authority does not receive the claim from the employer within the period referred to in section 108(1); and
(c) the Authority does not give notice of a decision to accept or reject the claim within 39 days after the Authority receives notice of the claim—
the claim is deemed to have been accepted by the Authority and the Authority must pay compensation in the form of weekly payments to the worker, subject to and in accordance with this Part.
(6) If the Authority receives a claim in accordance with section 103(2) (not being a claim that has been rejected under this section) for compensation in the form of weekly payments that is accompanied by the relevant medical certificate in accordance with section 105 from the employer more than 28 days after the expiry of the period of 10 days referred to in section 108 —
(a) the claim is deemed to have been accepted; and
(b) the Authority must pay
compensation in the form of weekly payments to the worker, subject to and in
accordance with this Act.
s. 21
(7) A decision or deemed decision under this section is binding on the employer in respect of the employer's liability under the employer's excess.
(8) If subsection (6) applies—
(a) a deemed decision under that subsection is binding on the employer;
(b) the employer is liable for all weekly payments made to the worker by the Authority after—
(i) the day on which the claim was given to the employer; or
(ii) if the claim was not accompanied by a medical certificate in accordance with section 105, the day on which the certificate is given to the employer—
whichever is the later, until the day on which the claim and the medical certificate have been received by the Authority from the employer.".