33Amendment of section 135A—"serious injury"

33 Amendment of section 135A—"serious injury"

(3) This section does not affect the rights of the parties in any proceedings commenced and determined before 16 May 1996. ↑

34. Pt 5 (Heading and ss 139–155):

Pt 5 (Heading and ss 139–155) amended by Nos 48/1986 ss 24, 25, 83/1987 s. 76, 64/1989 ss 21, 22, 37(1)(d), 18/1991 s. 12(1)(k)–(m), 67/1992 s. 64(7)(a)(8)(c)(10), 83/1992 s. 184(Sch. 6 item 1), 50/1993 ss 103–108, 109(1)(2), 50/1994 ss 68–70, 71(1)(2), 72–75, 7/1996 ss 34–38, 47/1996 s. 22, 60/1996 ss 23, 24(1), 25(a), 46/1998 s. 7(Sch. 1), 52/1998 s. 311(Sch. 1 item 1.8), 81/1998 s. 31, 26/2000 s. 25(4), 11/2001 s. 3(Sch. item 2.3), 28/2005 ss 3–5, 10, 46/2005 s. 6, 34/2007 s. 3, substituted by No. 9/2010 s. 126 (as amended by No. 80/2010 s. 159(m)), amended by Nos 80/2010 ss 98–103, 104(a)–(g), 43/2012 s. 3(Sch. item 1.5), 82/2012 s. 283, repealed by No. 67/2013 s. 639. ↑

35. Pt 6 (Heading and ss 156–178):

Pt 6 (Heading and ss 156–178) amended by Nos 48/1986 s. 26, 83/1987 ss 77–82(6) (as amended by No. 64/1989 s. 37(3)(c))(7), 83–86, 18/1988 ss 5, 6(1)(2), 64/1989 ss 16(1), 17–19, 35(k)–(m), 18/1991 ss 8(a)(b), 12(1)(n)(o), repealed by No. 67/1992 s. 48, new Pt 6 (Heading and s. 156) inserted by No. 67/1992 s. 49, amended by No. 50/1993 ss 81(h), 92(3)(b), 109(3), substituted as Pt 6 (Heading and ss 156–164) by No. 50/1994 s. 76, amended by Nos 47/1996 s. 23, 107/1997 ss 30(11)(w)(x), 52, 55(2), 81/1998 s. 26(1), 95/2003 ss 10, 11(b), 12, 102/2004 s. 24(2), 24/2006 s. 6.1.2(Sch. 7 item 1.2), 69/2006 s. 224(Sch. 3 item 1), repealed by No. 9/2010 s. 131. ↑

36. S. 253: The amendment proposed by section 24(Schedule 1 item 1) of the Subordinate Legislation Amendment Act 2010, No. 78/2010 is not included in this publication due to the earlier substitution of section 253 by section 123 of the Transport Accident and Accident Compensation Legislation Amendment Act 2010, No. 80/2010.

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GROUNDS FOR TERMINATION OF WEEKLY AND MEDICAL AND LIKE BENEFITS (AS AN AID TO UNDERSTANDING)

This table is intended for reference purposes only and, in accordance with section 36 of the Interpretation of Legislation Act 1984, does not form part of the Accident Compensation Act 1985. For more specific detail on the operation of the provisions referenced in the table, refer to relevant sections of the Act.

| **Grounds for Termination** | **AC Act section as at 1 July 2010** |
| Worker is no longer entitled to weekly payments. This includes where worker is no longer incapacitated for pre-injury employment. | 14(2)(b) |
| Worker obtained payments fraudulently. | 114(3) |
| **Grounds for Termination** | **AC Act section as at 1 July 2010** |
| Worker returns to work full time within first or second entitlement period. | 114(2)(c)(i) |
| Worker leaves Victoria, has their employment terminated for misconduct, resigns or reduces the hours worked for reasons unrelated to their capacity and in circumstances that do not invoke the exception that operates in s.93CDA. | 114(2A) |
| Weekly payments have been paid or are payable for a claimed injury for a total of {104/130)Error! Bookmark not defined. weeks (whether consecutive or not) and the worker is assessed by the Authority or self-insurer as:<br> • having a current work capacity; or<br> • having no current work capacity but this is not likely to continue indefinitely; or<br> • where the worker is a pre-12 November 1997 claimant, not to have sustained a serious injury. | 93C(1) |