Victorian Consolidated Legislation

Transport Accident Act 1986 - SECT 55

Review-after first 18 months

55. Review-after first 18 months



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(2) A review of the entitlement of a person who is receiving weekly payments
under section 49, 50 or 51-

   (a)  may be undertaken by the Commission at any time at the request of the
        person; and

   (b)  must be undertaken by the Commission at least once in each period of
        five years; and

   (c)  must not be undertaken by the Commission more than once in each period
        of five years unless the person otherwise requests.

(3) If, when the Commission undertakes a review of a person's entitlement
under subsection (2), the Commission has not received the statement of
earnings required to be provided under section 49, 50 or 51 in respect of any
of the last preceding five years, the person is not entitled to receive a
weekly payment under that section until-

   (a)  the person has given the Commission the statement of earnings; and

   (b)  the Commission has completed the review of the person's entitlement.

(4) When the Commission has completed a review under this section in relation
to a person the Commission may take such steps as are necessary to increase,
decrease or cease payments to the person under this Part, whether by reviewing
its determination of the degree of impairment or of the earning capacity of
the person or otherwise.

(5) If an interim payment of compensation has been made under section 72, this
section does not apply unless the Commission has made a final decision or
determination as to the payment of compensation.

(6) A review of a person's entitlement under this section must be undertaken
using the same methods for determining the degree of impairment that were used
in making the first determination of the degree of impairment in relation to
that entitlement.

(7) Despite subsection (4), if the Commission has reviewed the earning
capacity of a person who has returned to work by participating in an approved
vocational rehabilitation program and the return to work is unsuccessful, the
Commission must-

   (a)  restore the entitlement of the person to receive weekly payments; and

   (b)  take into account earnings received during the period of the return to
        work.