97Provisions relating to the payment of compensation

97 Provisions relating to the payment of compensation (1) Except as provided in section 96, regard shall not be had, in respect of the entitlement to, or amount of, compensation under this Part, to any sum paid or payable— (a) under any contract of assurance or insurance (including a contract made with any friendly or other benefit society or association or any trade union); or S. 97(1)(b) amended by No. 50/1994 s. 40(1). (b) out of any relief or sustentation fund or other fund (whether statutory or otherwise) of the like nature; or S. 97(1)(c) substituted by No. 9/2010 s. 42 (as amended by No. 80/2010 s. 159(g)). (c) by way of accident make-up pay under any industrial award; or S. 97(1)(d) inserted by No. 9/2010 s. 42 (as amended by No. 80/2010 s. 159(g)). (d) in lieu of accrued annual leave or long service leave. S. 97(2) amended by Nos 67/1992 s. 78(1)(c), substituted by No. 50/1994 s. 40(2), amended by s. 30(8), 81/1998 s. 23(a), 8/2024 s. 30(1). (2) If a worker who is receiving weekly payments ceases to reside in Australia, his or her entitlement to weekly payments ceases unless the worker has before leaving Australia satisfied the Authority or self-insurer that the worker— S. 97(2)(a) inserted by No. 8/2024 s. 30(1). S. 97(2)(b) inserted by No. 8/2024 s. 30(1), amended by No. 27/2025 s. 47. (b) in the case of a worker whose second entitlement period expires on or after 31 March 2024 and who is receiving weekly payments after the second entitlement period, has a whole person impairment of more than 20 per cent, determined in accordance with Subdivision 1A of Division 2 of Part 5 of the **Workplace Injury Rehabilitation and Compensation Act 2013**. S. 97(2AA) inserted by No. 7/1996 s. 21(1), amended by s. 30(8), 81/1998 s. 23(a). (2AA) If a worker ceases to reside in Australia and subsequently claims to be entitled to the payment of weekly payments, the worker must in addition to establishing his or her entitlement satisfy the Authority or self-insurer that the worker has no current work capacity and is likely to continue indefinitely to have no current work capacity. S. 97(2AAB) inserted by No. 8/2024 s. 30(2), amended by No. 27/2025 s. 47. (2AAB) If a worker who ceases to reside in Australia is receiving weekly payments and the worker's second entitlement period expires on or after 31 March 2024, the worker's entitlement to weekly payments ceases upon the expiry of the second entitlement period unless the Authority or self-insurer determines in accordance with Subdivision 1A of Division 2 of Part 5 of the **Workplace Injury Rehabilitation and Compensation Act 2013** that the worker— (b) has a whole person impairment of more than 20 per cent. S. 97(2A) inserted by No. 50/1994 s. 40(2), amended by No. 81/1998 s. 23(a). (2A) If a worker who is receiving weekly payments is temporarily absent from Australia, his or her entitlement to weekly payments is limited to a maximum aggregate period of 28 days in respect of any certificate or certificates provided by a medical practitioner outside Australia unless the Authority or self-insurer is satisfied that there are special circumstances which justify the extension of that period for a further period as is specified in the certificate. S. 97(3) amended by Nos 67/1992 s. 40(3), 7/1996 s. 21(2), 107/1997 s. 30(8), 81/1998 s. 23(a), 10/2022 s. 11, substituted by No. 8/2024 s. 30(3). (3) If a worker who does not reside in Australia is receiving weekly payments because of subsection (1), (2) or (2AAB), the worker is entitled to receive the weekly payments if the worker proves in the prescribed manner and at the prescribed intervals to the satisfaction of the Authority or self-insurer— (a) the worker's identity; and (b) that the worker continues to have no current work capacity. S. 97(3A) inserted by No. 8/2024 s. 30(3). (3A) If a worker who does not reside in Australia is receiving weekly payments after the second entitlement period, the Authority or self-insurer— (a) may review the work capacity of the worker at any time; and (b) must review the work capacity of the worker as often as reasonably necessary and not less than once every 2 years. (4) Compensation under this Act is absolutely inalienable whether by way or in consequence of any sale, assignment, charge, execution, bankruptcy, attachment, legal process or by operation of law or any other means and no claim may be set off against compensation under this Act. S. 97(4A) inserted by No. 7/1996 s. 21(3), amended by No. 81/1998 s. 23(a). (4A) Despite subsection (4), the Authority or self‑insurer is entitled to set off against any weekly payments to which a worker is entitled any amount of compensation in the form of weekly payments previously paid to the worker if the worker was not entitled to receive that amount of compensation by virtue of section 96(1) or 96(2) and the worker has failed to give any notice in writing required under section 96A. S. 97(4B) inserted by No. 107/1997 s. 32, amended by No. 81/1998 s. 23(a). (4B) Despite subsection (4), the Authority or self‑insurer is entitled to set off against any weekly payments to which a worker is entitled the amount awarded to the Authority or self-insurer by an order made by a court under this Act or section 86 of the **Sentencing Act 1991** after the worker is convicted, or found guilty, of an offence under this Act or of an offence under the **Crimes Act 1958** in connection with a claim for compensation under this Act. (5) A person is not entitled to receive compensation in the form of weekly payments in respect of the same injury under this Act and the **Workers Compensation Act 1958**. S. 97(6) substituted by No. 7/1996 s. 22. (6) If a worker is entitled to receive weekly payments under the **Workers Compensation Act 1958** and under this Act at the same time, the sum of the rate of the weekly payments received under the **Workers Compensation Act 1958** and the rate of the weekly payments under this Act must not exceed the maximum rate of weekly payments specified in this Part and the amount of weekly payments payable under this Act is reduced accordingly. S. 97(7) substituted by No. 18/1991 (7) A person is not entitled to weekly payments under this Act in respect of any period during which the person serves a sentence of imprisonment (whether imposed under the law of this State or of any other place) in a prison within the meaning of the **Corrections Act 1986** or in a prison or similar institution outside Victoria. Pt 4 Div. 2A (Heading) inserted by No. 80/2010 s. 58.