Victorian Numbered Acts Victorian Numbered Acts(1) After section 100(2F) of the Accident Compensation Act 1985 insert —
"(2G) An amount specified in subsection (2H) shall be varied, in respect of the financial year beginning on 1 July 2010 and each subsequent financial year, in accordance with the formula—
where—
D is the amount specified in subsection (2H) or that amount as last varied in accordance with this subsection;
E is the all groups consumer price index for Melbourne as at 15 June in the preceding financial year last published by the Australian Statistician in respect of the December quarter of that financial year;
F is the all groups consumer price index for Melbourne as at 15 June in the year preceding the preceding financial year published by the Australian Statistician in respect of the December quarter preceding that 15 June.
(2H) The specified amounts for the purposes of subsection (2G) are any amount of dollars referred to in the following sections—
(a) section 62;
(b) section 92AA;
(c) section 92D(1)(b).
(2I) Subject to subsection (2J), the amount of any compensation in the form of weekly payments of pension payable under section 92B to a deceased worker's dependants shall be varied—
(a) on 1 July 2010 in respect of the financial year commencing on that date; and
(b) on 1 July of each subsequent year in respect of the financial year commencing on that date—
by varying the amount of the worker's pre-injury average weekly earnings for the purposes of the calculation of the amount of the weekly pension in accordance with the formula—
where—
D is the amount of the worker's pre-injury average weekly earnings or that amount as last varied in accordance with this subsection or otherwise;
E is the latest average weekly earnings as for all employees in Victoria published by the Australian Statistician in respect of the December quarter in the year before that 1 July;
F is the average weekly earnings of all employees in Victoria published by the Australian Statistician in respect of the December quarter of the year that is 2 years before that 1 July.
(2J) If a worker's death resulted from or was materially contributed to by an injury arising out of or in the course of employment, and the injury occurred on a date after 5 March 1990 and the deceased worker died more than one year after the date of the injury, the amount of any compensation in the form of weekly payments of pension payable to the dependants of the deceased worker under section 92B shall be varied on the anniversary date of the injury in respect of the year beginning on that date by varying the amount of the deceased worker's pre-injury average weekly earnings for the purposes of the calculation of the amount of the weekly pension in accordance with the formula—
where—
D is the amount of the worker's pre-injury average weekly earnings or that amount as last varied in accordance with this subsection or otherwise.
E is the latest average weekly earnings as at the 15th day of the month ( the relevant month ) preceding the month in which the anniversary falls of all employees in Victoria published by the Australian Statistician in respect of the latest available quarter before that anniversary.
F is the average weekly earnings of all employees for Victoria as at the 15th day of the relevant month in the year preceding the year in which that anniversary falls published by the Australian Statistician in respect of the quarter before that relevant month corresponding to the quarter referred to above.".
(2) In section 100(6) of the Accident Compensation Act 1985 , after paragraph (b) insert —
"(ba) an amount referred to in section 62, 92AA, 92B or 92D(1)(b); or".