Victorian Numbered Acts

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ACCIDENT COMPENSATION AMENDMENT ACT 2010 (NO. 9 OF 2010) - SECT 47

New sections 114EA and 114EB inserted

After section 114E of the Accident Compensation Act 1985 insert

    " 114EA     Outstanding superannuation contributions

    (1)     Subject to subsection (2), outstanding payments of compensation in the form of superannuation contributions under section 93CE, and interest at the prescribed rate on each outstanding payment from the last date on which such a payment should have been paid until the date on which the payment is paid, are payable to the superannuation fund nominated by the worker under section 93CE for the benefit of the worker if a decision to terminate superannuation contributions under section 114AA is set aside by the court.

    (2)     If a worker has not made an application to the court within one year after being notified by a Conciliation Officer that the Conciliation Officer is satisfied that there is a dispute with respect to liability to make or continue to make payments of compensation in the form of superannuation contributions under section 93CE and that an application may be made to the court to determine the matter, interest is not payable under subsection (1) in respect of the period beginning after the expiry of one year after that date and ending on the day on which the application is made.

    (3)     If, under section 114E, outstanding payments of compensation in the form of weekly payments are payable in the circumstances referred to in section 114E(1)(b), (c) or (d), then, subject to section 93CE, compensation in the form of superannuation contributions under that section in respect of those outstanding payments and interest at the prescribed rate on each such payment are also payable.

        114EB     Alteration or termination of superannuation contributions

The Authority or a self-insurer is not required to give written notice to the worker of—

        (a)     an alteration of compensation in the form of superannuation contributions where the alteration is because of an alteration in the compensation in the form of weekly payments paid or payable to the worker; or

        (b)     the termination of compensation in the form of superannuation contributions where the termination is because the worker is not, or has ceased to be, entitled to compensation in the form of weekly payments.     ".

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