Victorian Numbered Acts

ACCIDENT COMPENSATION AMENDMENT ACT 2010 (NO. 9 OF 2010) - SECT 35

After section 93CD of the Accident Compensation Act 1985, insert —

    " 93CDA     Entitlement under section 93CD not affected by certain circumstances

    (1)     A worker who receives weekly payments under section 93CD does not cease to be entitled to weekly payments under that section by reason only that the worker occasionally, but not during more than 4 weeks in the first period of 12 consecutive weeks immediately after the worker first received weekly payments under that section, or in any subsequent consecutive period of 12 weeks—

        (a)     has worked more hours during a week; or

        (b)     has worked fewer hours during a week (even if the number of hours worked is less than 15); or

        (c)     has received higher current weekly earnings; or

        (d)     has received lower current weekly earnings (even if the earnings are less than $151 per week)—

than the hours worked, or the current weekly earnings received, at the time of making the application for payments under section 93CD.

    (2)     A reference in subsection (1) to hours of work does not include hours of leave approved by the employer.".