Victorian Numbered Acts

ACCIDENT COMPENSATION AMENDMENT ACT 2010 (NO. 9 OF 2010) - SECT 43

    After section 109 of the Accident Compensation Act 1985 , insert —

    " 109AA     Employer may request reasons for decision on a claim

    (1)     Where the Authority has given notice to a worker or claimant of its decision to accept, or to reject—

        (a)     a claim for compensation in the form of weekly payments or for compensation under section 98, 98A or 98C; or

        (b)     a claim for compensation in respect of the death of a worker—

the employer may, in writing, request the Authority to provide a written statement of the reasons for its decision.

    (2)     The Authority must, within 28 days after receiving a request under subsection (1), comply with the request.

    (3)     In this section—

"employer" means—

        (a)     in relation to a claim for compensation in the form of weekly payments or a claim under section 98, 98A or 98C,     the worker's employer;

        (b)     in relation to a claim for compensation in respect of the death of a worker,     the employer of the deceased worker;

"proceedings" includes—

        (a)     the inquiry into, hearing and determination of any question or matter under this Act;

        (b)     seeking the grant of any relief or remedy in the nature of certiorari, prohibition, mandamus or quo warranto, or the grant of a declaration of right or an injunction;

        (c)     seeking any order under the Administrative Law Act 1978 ;

        (d)     any other action or proceeding.

    (4)     No proceedings may be brought against the Authority in respect of any question or other matter arising under this section.".