Victorian Consolidated Legislation

Accident Compensation Act 1985 - SECT 59

Disputes relating to weekly payments

59. Disputes relating to weekly payments





(1) In this section a reference to a dispute as to liability to make or
continue to make weekly payments includes a reference to a dispute as to
whether a worker has no current work capacity or has a current work capacity
or as to any other matter which affects the amount of the weekly payments.

(2) This section applies if a dispute relating to-

   (a)  a claim for weekly payments of compensation; or

   (b)  a continuation of weekly payments of compensation; or



   (c)  a claim for the payment of compensation under section 99-

has been referred to conciliation under this Division, but a Conciliation
Officer is unable to bring the parties to agreement by conciliation.





(3) If the Conciliation Officer is satisfied that there is no genuine dispute
with respect to the liability to make or continue to make weekly payments, the
Conciliation Officer may direct the Authority, employer or self-insurer, as
the case may be to pay or continue to pay compensation in accordance with the
direction.

(4) If the Conciliation Officer is satisfied that there is a genuine dispute
with respect to the liability to make or continue to make weekly payments, the
Conciliation Officer must notify the person who made the claim for weekly
payments, or who was receiving weekly payments, of that fact and that an
application may be made to the County Court to determine the matter.

(5) A direction or further direction of a Conciliation Officer under this
section may require the Authority, employer or self-insurer to pay or continue
to pay weekly payments for such period not exceeding 12 weeks as is specified
in the direction.

(6) Nothing in this section prevents a Conciliation Officer from giving a
further direction or further directions for payment of compensation after the
expiry of an earlier direction except where the earlier direction is revoked
by the County Court.

(7) In addition to the power conferred by subsection (5), a Conciliation
Officer may direct payment of weekly payments during a period that is before
the direction is given, but that period must not exceed 24 weeks.

(8) If a Conciliation Officer gives a direction or further direction to pay or
continue to pay weekly payments, the Conciliation Officer may also give a
general direction to the Authority, employer or self-insurer, to pay subject
to and in accordance with section 99 the reasonable costs of services
specified in that section that were or are to be provided during the period
specified in the direction under subsection (5) or (7) as the case may be.

(9) If the dispute is, or includes, a dispute as to the liability for the
payment of compensation under section 99 in respect of an injury and the
Conciliation Officer is satisfied that there is no genuine dispute with
respect to such liability, the Conciliation Officer, unless subsection (8)
applies, may give a general direction to the Authority, employer or
self-insurer, to pay subject to and in accordance with section 99 the
reasonable costs of services specified in that section up to a total of $2000
in respect of the relevant injury.

(10) For the purposes of this section a Conciliation Officer is to be taken to
be satisfied that-

   (a)  there is a genuine dispute if the Conciliation Officer is satisfied
        that there is an arguable case in support of the denial of liability;

   (b)  there is no genuine dispute if the Conciliation Officer is satisfied
        that there is no arguable case in support of the denial of liability.