Victorian Numbered Acts

ACCIDENT COMPENSATION AMENDMENT ACT 2010 (NO. 9 OF 2010) - SECT 62

After section 135BA of the Accident Compensation Act 1985 insert —

    " 135BBA     Actions by terminally ill workers continued after death of worker

    (1)     This section applies if—

        (a)     a worker dies after serving proceedings issued in reliance on section 135BA to commence proceedings, in accordance with section 134AB; and

        (b)     the worker's death was not caused or materially contributed to by the injury to which the proceedings relate; and

        (c)     at the time of the worker's death, the worker had a dependant or dependants within the meaning of section 134ABAA(8).

    (2)     If this section applies—

        (a)     the legal personal representative of the deceased worker may continue the proceedings referred to in subsection (1)(a); and

        (b)     proceedings referred to in subsection (1)(a) are taken to be, and are limited to, an application served under section 134AB(4) by the worker before the worker's death; and

        (c)     subject to paragraph (d), section 134ABAA applies to the proceedings referred to in subsection (1)(a); and

        (d)     despite section 134ABAA(3), (4) and (5), for the purposes of the assessment of serious injury, the assessment must be made as at the date the proceedings referred to in subsection (1)(a) were served.".