Victorian Consolidated Legislation

Accident Compensation Act 1985 - SECT 109

Responsibilities of self-insurers and the Authority

109. Responsibilities of self-insurers and the Authority





(1) If the Authority or a self-insurer does not give written notice of a
decision to accept or reject a claim for weekly payments
within 28 days of receiving the claim-

   (a)  the claim is deemed to have been accepted; and

   (b)  the Authority or self-insurer must pay weekly payments to the worker
        subject to and in accordance with this Part.

(1A) If a worker notifies the Authority of a claim for weekly payments in
accordance with section 103 and the claim for weekly payments complies with
the requirements of that section, subsection (1) applies as if for "within 28
days of receiving the claim" there were substituted whichever of the following
is the earlier commencement date for the period of 28 days-

   (a)  if the Authority receives a claim for compensation from the employer
        in accordance with section 108, "within 28 days after the day the
        Authority receives the claim for weekly payments from the employer";
        or

   (b)  if the Authority does not receive a claim for compensation from the
        employer in accordance with section 108, "within 28 days of the 11th
        day after the Authority received notice of the claim from the worker".

(1B) If the Authority receives a claim for weekly payments from the employer
more than 28 days after the expiry of the period of 10 days referred to in
section 108 and the Authority has not rejected the claim for weekly payments
in accordance with subsection (1), the claim for compensation is deemed to
have been accepted by the Authority under subsection (1).

(2) The written notice of a decision to accept or reject a claim for weekly
payments must in the case of a decision to reject the claim include a
statement of the reasons for the decision.

(3) A decision or deemed decision under this section is binding on the
employer in respect of the employer's liability under the employer's excess.

(4) If subsection (1B) applies-

   (a)  a deemed decision under that subsection is binding on the employer;

   (b)  the employer is liable for all weekly payments made by the Authority
        to the worker until the day the claim for weekly payments is received
        by the Authority from the employer.