Victorian Numbered Acts

ACCIDENT COMPENSATION AMENDMENT ACT 2010 (NO. 9 OF 2010) - SECT 28

    (1)     In section 5(1) of the Accident Compensation Act 1985 insert the following definitions—

" first entitlement period has the meaning given by section 91E;

"industrial award" means—

        (a)     a fair work instrument (other than an FWA order) within the meaning of the Fair Work Act 2009 of the Commonwealth; or

        (b)     a transitional instrument within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth;

second entitlement period has the meaning given by section 91E;

"State average weekly earnings," in relation to compensation payable in a financial year, means the latest average weekly earnings as at 30 May in the preceding financial year of all employees for Victoria published by the Australian Statistician in respect of the December quarter of that preceding financial year or, if that is not available, the latest available quarter;".

    (2)     In section 5(1) of the Accident Compensation Act 1985 , in paragraph (b) of the definition of employer superannuation contribution for subparagraph (i) substitute —

    "(i)     any industrial award;".

    (3)         In section 5(1) of the Accident Compensation Act 1985 , in the definition of "medical question", for paragraph (abc) substitute —

    "(abc)     a question as to whether a worker has a current work capacity and, because of the injury, is, and is likely to continue indefinitely to be incapable of undertaking—

              (i)     further or additional employment or work; or

              (ii)     further or additional employment or work that would increase the worker's current weekly earnings—

and, if not so incapable, what further or additional employment or work the worker is capable of undertaking; or".

    (4)     In section 5(1) of the Accident Compensation Act 1985 , the definition of notional earnings is repealed .