Victorian Numbered Acts Victorian Numbered Acts(1) In section 104B(1C) of the Accident Compensation Act 1985 for "12 months" substitute "18 months".
(2) After section 104B(1C) of the Accident Compensation Act 1985 insert —
"(1CA) For the purposes of this section, a request under sub-section (1C) has the effect of initiating a claim for compensation under section 98C or 98E in respect of the worker by the Authority or self-insurer.".
(3) In section 104B(1D) of the Accident Compensation Act 1985 —
(a) for "for compensation under section 98C or 98E" substitute "made by the worker"; and
(b) for "the claim for compensation" substitute "the claim made by the worker".
(4) In section 104B(2) of the Accident Compensation Act 1985 —
(a) for "receiving the claim" substitute "receiving a claim made by the worker or in the case of a claim initiated by the Authority or self-insurer, within 120 days of the relevant date";
(b) in paragraph (a) before "accept"
insert
"if the claim is a claim made by the worker,";
(c) in paragraph (f)(i) before "the decision" insert "if the claim is a claim made by the worker,".
(5) After section 104B(2) of the Accident Compensation Act 1985 insert —
'(2AA) For the purposes of this section—
"claim made by the worker" means—
(a) a claim by a worker for compensation under section 98C or 98E; or
(b) a claim by a worker for compensation under section 98C or 98E in accordance with sub-section (5D)(a);
"relevant date" means—
(a) if the worker makes a claim for compensation under section 98C or 98E in accordance with sub-section (5D)(a), the day on which the claim is received by the Authority or self-insurer; or
(b) if the worker advises the Authority or self-insurer that he or she disputes the written statement under sub-section (5C), the day on which the dispute is resolved; or
(c) if the worker does not make a claim or dispute the statement within the period specified under sub-section (5D), the day on which that period expires; or
(d) if the worker accepts the written statement of the injury or injuries under sub-section (5C), the day on which the Authority or self-insurer receives the advice of the worker that he or she accepts the written statement of the injury or injuries.'.
(6) In section 104B(3) of the Accident Compensation Act 1985 for "the claim" (where twice occurring) substitute "the claim made by the worker".
(7) After section 104B(5AA) of the Accident Compensation Act 1985 insert —
"(5AB) Subject to sub-section (5D)(a), if a claim for compensation under section 98C or 98E has been initiated in respect of a worker by the Authority or self-insurer, the worker cannot make a claim for compensation under section 98C or 98E in respect of injuries arising out of the same event or circumstance.".
(8) In section 104B(5C) of the Accident Compensation Act 1985 after "the assessments" insert "and a statement of rights in a form approved by the Authority for the purposes of this section".
(9) In section 104B(5D) of the Accident Compensation Act 1985 —
(a) for "may" substitute "must";
(b) in paragraph (b) for "statement." substitute "statement; or";
(c) after paragraph (b) insert —
"(c) advise the Authority or self-insurer that he or she accepts the written statement of the injury or injuries.".
(10) After section 104B(5D) of the Accident Compensation Act 1985 insert —
"(5DA) If after receiving a written statement under sub-section (5C) the worker makes a claim for compensation under section 98C or 98E in respect of any additional injuries that the worker believes have arisen out of the same event or circumstance—
(a) the claim by the worker and the claim initiated by the Authority or self-insurer are to be considered as one consolidated claim; and
(b) the consolidated claim is to be dealt with in accordance with sub-section (2).
(5DB) If the worker advises the Authority or self-insurer that he or she disputes the written statement under sub-section (5C), the worker must not commence proceedings in relation to the claim unless the worker first refers the dispute for conciliation by a Conciliation Officer in accordance with Division 2 of Part III and until the Conciliation Officer has issued a certificate under section 49.".
(11) In section 104B(5E) of the Accident Compensation Act 1985 after "impairment" insert "to be dealt with in accordance with sub-section (2)".
(12) In section 104B(6) of the Accident Compensation Act 1985 after "sub-section (2)" insert "in respect of a claim made by the worker".
(13) In section 104B(6B) of the Accident Compensation Act 1985 for "If under sub-section (6) the worker accepts the decision as to liability" substitute "Subject to sub-section (6)".