Victorian Consolidated Legislation

Accident Compensation Act 1985 - SECT 43

Jurisdiction of Magistrates' Court

43. Jurisdiction of Magistrates' Court



(1) If14-

   (a)  the County Court would have had jurisdiction under this Act or the
        Workers Compensation Act 1958 to inquire into, hear and determine any
        question or matter; and

   (b)  the question or matter is in respect of a decision, recommendation or
        direction for or in respect of a sum or matter the amount or value of
        which does not exceed $40 000 or is in respect of the payment of
        weekly payments15-

the Magistrates' Court has a like jurisdiction.

(1A) The Magistrates' Court has jurisdiction to inquire into, hear and
determine any question or matter relating to a decision, recommendation or
direction in respect of a request made under section 107 or 107A.

(2) Despite subsection (1), the Magistrates' Court must not make an order for
the payment of weekly payments to a worker in respect of any period or periods
before the order is made the total of which exceeds 130 weeks of weekly
payments16.

(3) This Act applies to the Magistrates' Court when exercising jurisdiction
under this Part as if a reference to the County Court were a reference to the
Magistrates' Court.

(4) Divisions 2 and 3 of Part 5 of the Magistrates' Court Act 1989 do not
apply to a proceeding commenced in the Magistrates' Court under this Part.