Victorian Numbered Acts Victorian Numbered ActsAfter Division 2B of Part IV of the Accident Compensation Act 1985 insert —
In this Division—
"reasonable costs" has the same meaning as in section 99AAA(2).
(1) If a worker makes a claim for compensation under this Act in respect of a mental injury, the Authority or a self-insurer must pay the reasonable costs of a service specified in section 99(1)(a) received because of the claimed mental injury as provisional payments in accordance with this Division.
(2) Subsection (1) does not apply—
(a) if the claim for compensation was made before the commencement of this Division; or
(b) subject to section 99AN(1)(b), if the Authority or a self-insurer has previously determined a claim for compensation relating to the same mental injury and circumstances.
(3) Guidelines made under section 99(2) apply for the purposes of this Division.
(4) A worker is entitled to receive a service referred to in subsection (1) (other than an occupational rehabilitation service) from the provider of the worker's choice notwithstanding that an employer or the Authority or a self-insurer, as the case may be, offers or provides a service to the worker for the worker's use.
(1) Provisional payments under this Division must be made to a person lawfully entitled to the payment.
(2) If the liability to the person lawfully entitled to payment of the costs specified in section 99AG(1) has already been discharged in whole or in part by a payment by the worker or any other person whether legally liable to make the payment or not, the amount by which the liability has been so discharged must be paid to the worker or other person who made the payment.
(3) If a worker is entitled to any of the services specified in section 99AG(1) free of charge or at a reduced rate or charge because the worker—
(a) entered into any prior contract, agreement or arrangement; or
(b) was a contributor or subscriber to any institution, fund or scheme—
the payment in respect of those services must not be reduced but, after payment of the amount, if any, actually owing to the person lawfully entitled to payment, the balance of the reasonable cost must be paid to the worker.
(4) The payment of the whole of the reasonable costs of any service specified in section 99AG(1) wholly and finally discharges the worker and any other person from all liability whatsoever in respect of those costs.
For the purposes of this Division, section 99(10) and (11) apply as if in subsection (10) of that section, for "this Division" there were substituted "Division 2BA".
For the purposes of this Division, section 99AA applies as if—
(a) in subsection (1) of that section—
(i) for "compensation" there were substituted "provisional payments"; and
(ii) for "or of burial or cremation" were omitted; and
(b) in subsections (1) and (2) of that section "or burial or cremation" were omitted; and
(c) in subsection (2) of that section, for "section 99AD(2), (4) and (5)" there were substituted "section 99AN"; and
(d) in subsection (3) of that
section
"or burial or cremation" were omitted; and
(e) in subsection (4) of that
section
", burials or cremations" were omitted.
For the purposes of this Division, section 99(12) to (16) apply as if in subsection (12) of that section—
(a) for "compensation" there were substituted "provisional payments"; and
(b) for "injury" there were substituted "mental injury".
For the purposes of this Division, section 99AB applies as if—
(a) in subsection (1) of that section, for "this Division" there were substituted "section 99(1)(a)"; and
(b) in subsection (2)(a) of that section, for "type of injury" there were substituted "nature of the mental injury".
For the purposes of this Division, section 99AC applies as if—
(a) in subsections (2), (3), (4)(a), (b) and (c) and (5) of that section, for "injury" there were substituted "mental injury"; and
(b) in subsection (6)(b) and (c) of that section, for "injuries" there were substituted "mental injuries".
(1) Provisional payments are payable under this Division on and from the day the worker is determined under section 75A of the Workplace Injury Rehabilitation and Compensation Act 2013 to be entitled to provisional payments until—
(a) if the worker's claim for compensation in respect of the mental injury is accepted by the Authority or a self-insurer, the day the claim is accepted; or
(b) in any other case, 13 weeks after the day the worker is determined under section 75A of the Workplace Injury Rehabilitation and Compensation Act 2013 to be entitled to provisional payments.
(2) To avoid doubt, a worker whose claim for compensation in respect of a mental injury is rejected by the Authority or a self-insurer or terminated under section 114 is entitled to provisional payments under this Division for that claimed injury until the day referred to in subsection (1)(b).
(1) Provisional payments made under this Division are not a payment of compensation under this Act except for the purposes of—
(a) seeking a refund of payments under section 599 of the Workplace Injury Rehabilitation and Compensation Act 2013 or any other amount relating to the recovery of payments under this Act; and
(b) calculating employer premiums.
(2) A decision made by the Authority or self-insurer to make provisional payments under this Division is not an admission of liability to pay compensation under this Act.
(3) Except as provided in subsection (4), nothing in this Division limits or otherwise affects a worker's entitlement to compensation or damages arising from the worker's mental injury.
(4) If the reasonable costs of a service are paid as provisional payments under this Division, the liability of the Authority or a self-insurer to pay compensation under Division 2B in respect of that service is discharged.
For the purposes of this Division, section 99AE applies as if—
(a) in subsection (1) of that section—
(i) for "payment for professional services" there were substituted "provisional payments made under Division 2BA"; and
(ii) for "payment of those professional services" there were substituted "those provisional payments"; and
(b) in subsection (2) of that section, for "payment of professional services" there were substituted " those provisional payments".
(1) The Authority may make guidelines for the purposes of this Division relating to the process to be observed by the Authority or self-insurer when acting under this Division.
(2) The Authority must ensure that guidelines made under subsection (1) are published and are generally available.
For the purposes of this Division, section 6(6)(b) of the Workplace Injury Rehabilitation and Compensation Act 2013 applies as if in that subsection, for "on or after 1 July 2014 in relation to a claim for compensation under the Accident Compensation Act 1985 , whether made before, on or after 1 July 2014" there were substituted "under the Accident Compensation Act 1985 in relation to a request for provisional payments under Division 2BA of Part IV of that Act".
For the purposes of this Division, section 9 of the Workplace Injury Rehabilitation and Compensation Act 2013 applies as if—
(a) in subsection (1) of that section—
(i) for "made a claim for compensation" there were substituted "requested provisional payments under Division 2BA of Part IV of the Accident Compensation Act 1985 "; and
(ii) for "the claim for compensation" there were substituted "the request for provisional payments"; and
(b) in subsection (2) of that section—
(i) for "made a claim for compensation" there were substituted "requested provisional payments under Division 2BA of Part IV of the Accident Compensation Act 1985 "; and
(ii) for "the claim" there were substituted "the request for provisional payments".'.