98DPayment of Compensation

98D Payment of Compensation Compensation for non-economic loss calculated under section 98C or 98E is to be paid as a lump sum. S. 98DA inserted by No. 80/2010 s. 91, amended by No. 67/2013 s. 630(5). 98DA Effect of payment of compensation under section 98C or 98E If compensation for non-economic loss, calculated in accordance with section 98C, is paid to a worker in respect of an impairment, loss of bodily function, disfigurement, brain damage or total loss resulting from an injury (other than industrial deafness) that occurred— (a) by gradual process over time due to the nature of the employment in which the worker was employed; or (b) by gradual process over time and arose out of, or in the course of, employment in which the worker was employed— the worker ceases to be entitled to compensation under section 98, 98C or 98E of this Act or under section 11 of the **Worker's Compensation Act 1958** or under Division 5 of Part 5 of the **Workplace Injury Rehabilitation and Compensation Act 2013** in respect of any injury— (c) suffered by the worker before the compensation was paid; and (d) that materially contributed to the impairment, loss of body function, disfigurement, brain damage or total loss in respect of which the compensation was paid. S. 98E inserted by No. 107/1997 98E No Disadvantage—Compensation Table S. 98E(1) amended by No. 80/2010 s. 61(1)(a). (1) If a worker suffers an injury which entitled the worker to compensation and the injury is a total loss mentioned in the Table in Schedule 3B and the amount of compensation calculated under section 98C is less than the amount payable for total loss specified in the Table in respect of that injury, the worker is entitled to compensation equal to the amount specified in the Table instead of compensation calculated under section 98C. S. 98E(1) Table substituted by No. 102/2004 s. 39, repealed by No. 80/2010 s. 61(1)(b). S. 98E(2) repealed by No. 80/2010 s. 61(1)(c). (3) For the purposes of this section, total loss of hearing— S. 98E(3)(a) substituted by No. 27/2025 s. 50(1). (a) shall be determined by a medical practitioner in the manner approved by the Minister; and (b) shall be determined in accordance with the Improved Procedure for Determination of Percentage Loss of Hearing (1988 Edition or a later prescribed edition) published by the National Acoustic Laboratory. S. 98E(4) amended by No. 82/2001 s. 14, repealed by No. 27/2025 s. 50(2). S. 98E(5) amended by Nos 102/2004 s. 40(a), 80/2010 s. 61(1)(d). (5) If a worker suffers on the same occasion more than one of the injuries mentioned in the Table in Schedule 3B the worker is not in any case entitled to receive as compensation under subsection (1) more than $252 250. (6) Compensation under this section is not payable after the death of the worker concerned. S. 98E(7) inserted by No. 80/2010 s. 61(2). (7) The amount of compensation for an injury that is a total loss mentioned in the Table in Schedule 3B is to be calculated as at the date of the relevant injury. Pt 4 Div. 2B (Heading) inserted by No. 80/2010 s. 77. Division 2B—Compensation for medical and like services New s. 99AAA inserted by No. 80/2010 s. 77. 99AAA Definitions S. 99AAA(1) def. of *family member* amended by No. 49/2018 s. 41. ***family member*** means a partner, parent, grandparent, sibling or child of the worker or of the worker's partner; ***parent*** of a worker includes a person who has day to day care and control of the worker; ***severe injury*** means— (a) paraplegia; (b) quadriplegia; (c) amputation of a limb; (d) amputation of a hand or foot; (e) severe head injury; (f) severe eye injury; (g) separation of a worker's skin from an underlying tissue (such as de-gloving or scalping); (h) severe burns; (i) severe lacerations; (j) severe injuries arising out of an electric shock; (k) any other work related injury giving rise to an imminent risk of death; S. 99AAA(1) def. of *supported accom-modation* amended by Nos 22/2012 s. 84, 67/2013 s. 630(6), 37/2021 s. 388, 9/2023 s. 253. ***supported accommodation*** means— (a) a residential facility in which residential care is provided under the Aged Care Act 1997 of the Commonwealth; (b) a supported residential service within the meaning of section 214 of the **Social Services Regulation Act 2021**; (c) an SDA dwelling within the meaning of the **Residential Tenancies Act 1997**; (d) a group home or other residential facility approved by the Authority for the purposes of this section. (2) In this Division, ***reasonable costs***, in relation to a service (including modification of a car or home), burial or cremation means an amount— (a) that is determined by the Authority, employer or self-insurer as a reasonable amount in relation to that service, burial or cremation; and (b) that does not exceed the amount (if any) specified in, or an amount determined in accordance with a method specified in, an Order of the Governor in Council made on the recommendation of the Authority and published in the Government Gazette, as the maximum amount of costs payable in respect of a service of that kind or a burial or cremation and which maximum amount in the case of a service must not be less than the amount of the fee specified in a Table within the meaning of the Health Insurance Act 1973 of the Commonwealth applicable in respect of a service of that kind provided in Victoria; and (c) that is determined by the Authority, employer or self-insurer as a reasonable cost of the service, burial or cremation having regard to— (i) the service or provision actually rendered; and (ii) the necessity of the service or provision in the circumstances; and (iii) any guidelines issued by the Authority in respect of services or provision of that kind. (3) Guidelines issued by the Authority for the purposes of subsection (2)(c)(iii) apply in relation to the cost of a service provided or a burial or cremation carried out after the issue of the guidelines, irrespective of the date of the injury. S. 99 amended by No. 50/1989 s. 52(2) (as amended by No. 91/1989 s. 7(h)), substituted by No. 64/1989 s. 10, amended by Nos 67/1992 ss 20, 64(7)(a)(8)(b), 50/1993 ss 78(1)(c)(d) (f)(2)(b), 81(e), 95, 50/1994 s. 44, 7/1996 ss 25, 26(1)(2), 49(h), 60/1996 ss 15(1), 16, 107/1997 s. 39, 81/1998 s. 23(a)(b), 27/2001 s. 4(Sch. 2 item 1.7), 95/2003 s. 4(2), 94/2004 s. 38, 102/2004 ss 24(1), 40(b)(c), 41/2006 ss 16, 17, 60/2007 s. 26, 68/2007 s. 22, 9/2010 ss 32(d), 48–50, 52, 144(1)–(3), substituted by No. 80/2010 s. 77. 99 Liability of Authority and self-insurer (1) If there is caused to a worker an injury which entitles a worker to compensation, the Authority or a self-insurer and the employer in respect of the employer's liability under section 125(1)(a)(iii) or 125A(3)(c) is liable, unless a determination or order referred to in section 249AA or a determination under section 249AB, 249B or 249BA applies, to pay as compensation— (a) the reasonable costs of the road accident rescue services, medical, hospital, nursing, personal and household, occupational rehabilitation and ambulance services received because of the injury; and S. 99(1)(ab) inserted by No. 10/2022 s. 7(1). (ab) if the worker dies, the reasonable costs of household help received by a family member of the worker for a period of 6 months commencing from the date on which the Authority is notified of the death, in circumstances where— (i) it appears to the Authority that the worker's death results from the injury for which compensation is payable; and (ii) at the time of the death of the worker, the worker was receiving compensation for household help within the meaning of paragraph (c) of the definition of ***personal and household service***; and (iii) the family member resides at the worker's home; and (iv) the Authority is notified of the death of the worker within 3 months from the date of the death; and S. 99(1)(b) substituted by No. 27/2025 s. 51(1). (b) if the injury is a severe injury for which immediate inpatient treatment in a hospital is received or an eligible progressive disease, or where death results from the injury, the reasonable costs incurred in Australia of the following services provided to family members of the worker— (i) family counselling provided by a medical practitioner or registered psychologist or by a social worker approved by the Authority to provide counselling services for the purposes of this section; (ii) therapy and other support services provided by any person or class of person approved by the Authority to provide therapy and other support services for the purposes of this section— not exceeding $10 000 in respect of that severe injury or eligible progressive disease or death; and S. 99(1)(c) amended by No. 48/2017 s. 3(1). (c) the reasonable costs of burial or cremation where death results from the injury; and S. 99(1)(d) inserted by No. 48/2017 s. 3(2). (d) reasonable travelling or accommodation expenses not exceeding $5000 incurred by family members of the worker in circumstances where— (i) death results from the injury; and (ii) a burial service or cremation service is held in respect of the worker; and S. 99(1)(d)(iii) amended by Nos 10/2022 s. 7(2)(a), 27/2025 s. 51(2). (iii) the service is held at least 100 kilometres from the normal residence of the worker's family members; and S. 99(1)(d)(iv) repealed by No. 10/2022 s. 7(2)(b). S. 99(1)(e) inserted by No. 27/2025 s. 51(3). (e) if death results from the injury, the reasonable costs of forensic cleaning services incurred by family members of the worker in circumstances where the death occurred at the home of the worker or a family member of the worker— which is in addition to any other compensation payable under this Act. (2) The Authority may issue guidelines identifying services, or services of a class of services, referred to in subsection (1)(a) or (b) for which approval should be sought from the Authority or self-insurer before the services are provided. (3) A worker is entitled to receive a service referred to in subsection (1) (other than an occupational rehabilitation service) from the provider of the worker's choice notwithstanding that an employer or the Authority or a self-insurer, as the case may be, offers or provides a service to the worker for the worker's use. (4) If a worker receives services from an employer who has made adequate arrangements to provide workers in the employer's employment with gratuitous medical, hospital, nursing, ambulance or personal and household, occupational rehabilitation services, the employer is to the extent of the value of the services deemed to have discharged any liability of the employer under section 125(1)(a)(iii) or 125A(3)(c). (5) If the employer is not a self-insurer and the value of the services provided under subsection (4) exceeds $592 the employer may claim the amount by which the value of the services exceeds $592 from the Authority. S. 99(6) amended by No. 67/2013 s. 630(7)(a). (6) A payment of compensation under this Division must be made to the person lawfully entitled to payment. (7) If the liability to the person lawfully entitled to payment of the costs specified in this Division has already been discharged in whole or in part by a payment by the worker or any other person whether legally liable to make the payment or not, the amount by which the liability has been so discharged must be paid to the worker or other person who made the payment. (8) If a worker or a worker's dependants is or are entitled to any of the services (including burial or cremation) specified in this Division free of charge or at a reduced rate or charge because the worker entered into any prior contract, agreement or arrangement or was a contributor or subscriber to any institution, fund or scheme, the payment in respect of those services must not be reduced but after payment of the amount, if any, actually owing to the person lawfully entitled to payment the balance of the reasonable cost must be paid to the worker or the worker's dependants. (9) The payment of the whole of the reasonable costs of any service or of burial or cremation specified in this Division wholly and finally discharges the worker or the worker's dependants and any other person from all liability whatsoever in respect of those costs. S. 99(10) amended by No. 67/2013 s. 630(7)(b). (10) An action, suit or other proceeding against a worker or the legal personal representative of a worker or a dependant of a worker for the payment or recovery of any costs which the Authority, a self-insurer or an employer is liable to pay under this Division or to which a notice, determination or order referred to in section 249AA, 249AB, 249B or 249BA applies must not be entertained by any court. (11) Subsection (10) does not apply in relation to a worker or a worker's legal personal representative or a dependant in respect of the payment or recovery of costs of professional services provided by a person after the worker, representative or dependant has been informed in writing by the Authority or self-insurer that a determination or order against that person has been made under section 249AA, 249AB, 249B or 249BA. (12) Nothing in this section renders the Authority, a self-insurer or the employer liable to pay as compensation the cost of the provision to, or for, a worker of any of the following things unless the provision of a particular thing to the worker is a medical service, or a hospital service, provided as a result of the injury— (a) accommodation (including accommodation-related costs such as rent, bonds, rates, accommodation costs levied in accordance with Commonwealth legislation, capital contributions and costs associated with the buying or selling of property, but not including contributions or costs for which the Authority is liable under section 99AC(5)); (b) food or household or personal items; (c) power, water or any other service provided by a utility; (d) room temperature controls; (e) any other thing specified by the regulations for the purposes of this subsection. (13) Subsection (12) does not apply in the case of a person— (a) who is under 18 years of age and who, as a result of his or her injury, is unable to reside at the place at which he or she resided before the injury; or (b) who is receiving respite care as a result of his or her injury; or (c) who receives a hospital service as a result of his or her injury and, after being discharged from hospital for the first time after suffering the injury, resides in supported accommodation but only while so residing during the first 18 months after being so discharged. (14) If, during the period of 18 months referred to in subsection (13), the person receives a hospital service or hospital services, a reference in that subsection to 18 months has effect, in relation to that person, as a reference to that period as extended by the period, or periods, during which the person receives the hospital service or hospital services. S. 99(15) substituted by No. 67/2013 s. 630(8). (15) The contribution to be made by a worker towards the cost of supported accommodation referred to in paragraph (b) or (d) of the definition of ***supported accommodation*** must not exceed $32.50 per day. S. 99(16) substituted by No. 67/2013 s. 630(8). (16) The Governor in Council may, on the recommendation of the Authority, by Order published in the Government Gazette, declare that section 100C does not apply to an amount referred to in subsection (15) of this section in respect of a specified financial year. S. 99(17) inserted by No. 27/2025 s. 51(4). (17) The Minister may give directions specifying therapy and other support services, or a class of therapy and other support services, for which an amount may be paid under subsection (1)(b)(ii). S. 99AAA inserted by No. 60/1996 s. 17, amended by No. 81/1998 ss 23(a)(c), 29, repealed by No. 9/2010 s. 51(1). S. 99AA inserted by No. 67/1992 s. 21, amended by Nos 50/1993 s. 78(1)(h), 50/1994 s. 45(1)(2), 7/1996 s. 9(1)(2), 60/1996 s. 18(c), repealed by No. 107/1997 s. 11(4), new s. 99AA inserted by No. 80/2010 s. 77. 99AA Medical and like services outside Australia S. 99AA(1) amended by No. 10/2022 s. 8(1). (1) Notwithstanding anything to the contrary in this Division, unless subsection (3) or (4) applies, the Authority, employer or self-insurer is not liable to pay as compensation the costs of any service specified in section 99(1)(a), (ab) or (b) which is provided or carried out outside Australia, unless the worker or claimant obtained the approval of the Authority, employer or self-insurer before the service was provided or carried out. S. 99AA(2) amended by No. 10/2022 s. 8(2). (2) In determining whether to approve the provision or carrying out of a service specified in section 99(1)(a), (ab) or (b) for the purposes of subsection (1), the Authority, employer or self‑insurer must have regard to the matters specified in the definition of ***reasonable costs*** in section 99AAA(2)(c) and to section 99AD(2), (4) and (5). (3) Subsection (1) does not apply if the worker or claimant satisfies the Authority, employer or self‑insurer that because of an emergency situation— S. 99AA(3)(a) amended by No. 10/2022 s. 8(2). (a) it was necessary to immediately provide or carry out a service specified in section 99(1)(a), (ab) or (b); and (b) it was not reasonably practicable to first obtain approval. S. 99AA(4) amended by No. 10/2022 s. 8(3). (4) In the case of a worker who resides outside Australia, the Authority, employer or self-insurer may for the purposes of subsection (1) give a general approval specifying a class or classes of services. (5) The requirement imposed by subsection (1) is in addition to any other relevant requirements under this Division. S. 99AB inserted by No. 67/1992 s. 21, amended by No. 50/1993 s. 78(1)(c), repealed by No. 107/1997 s. 11(4), new s. 99AB inserted by No. 80/2010 s. 77. 99AB Occupational rehabilitation services (1) A worker is entitled to receive occupational rehabilitation services referred to in this Division from— (a) a provider of occupational rehabilitation services chosen by the worker from a list of approved providers of those services nominated by the Authority, employer or self‑insurer in accordance with subsection (2); or (b) if the Authority, employer or self-insurer does not nominate a list of approved providers of those services for the purposes of this subsection, from an approved provider of those services of the worker's choice. (2) A list of providers of occupational rehabilitation services referred to in section 99(1) must consist of the names of not less than 3 approved providers of those services nominated by the Authority, employer or self-insurer having regard as far as is possible to— (a) the type of injury the worker has suffered; (b) the type of occupational rehabilitation services required; (c) where the worker resides; (d) where the provider is requested by the Authority, self-insurer or employer to provide the services. (3) If 3 approved providers of particular occupational rehabilitation services are not available, it is sufficient compliance with subsection (2) if the list consists of the names of the available approved provider or providers of those occupational rehabilitation services. (a) the Authority, employer or self-insurer offers occupational rehabilitation services from an approved provider of occupational rehabilitation services to be chosen by the worker from a list of providers of those services nominated by the Authority, employer or self‑insurer in accordance with subsection (2) or (3); and (b) the worker does not choose an approved provider of those occupational rehabilitation services within 14 days of the offer of occupational rehabilitation services— the occupational rehabilitation services will be offered or provided to the worker by an approved provider of occupational rehabilitation services nominated by the Authority, employer or self-insurer in accordance with subsection (2). S. 99AC inserted by No. 67/1992 s. 21, substituted by No. 50/1994 s. 46, s. 11(4), new s. 99AC inserted by No. 80/2010 s. 77. 99AC Modification of cars and homes (1) Unless the Authority or self-insurer otherwise determines, the Authority or a self-insurer is not liable to pay the reasonable costs, or contribute a reasonable amount, referred to in subsection (2), (3) or (5) unless the Authority or self-insurer approved the worker's requirement, and its costs, before the costs were incurred. (2) If a worker, as a result of his or her injury, reasonably requires a car used by him or her in Australia to be modified, the Authority or self‑insurer is liable— (a) to pay the reasonable costs of modifying the car; or (b) if the car is not capable of being modified, to contribute a reasonable amount to the purchase cost of a suitably modified car selected by the Authority or self-insurer. (3) If a worker, as a result of his or her injury, reasonably requires access to a car, and he or she does not have access to a car, the Authority or self-insurer is liable to contribute a reasonable amount to the purchase cost of a suitable car selected by the Authority or self-insurer. (4) Without limiting the factors the Authority or self‑insurer may consider in determining what is a reasonable amount for the purposes of subsections (2)(b) and (3), the Authority or self‑insurer must have regard to any of the following factors that are applicable— (a) the market value now of the car used by the worker at the time of the injury; (b) if that car is no longer used by the worker, the market value of the car at the time of the injury; (c) how often the worker was using a car at the time of the injury; (d) how often the worker will, or is likely to, use a car in future; (e) the market value of any other car that the worker uses. (5) If a worker, as a result of his or her injury, reasonably requires that a home in which he or she resides in Australia be modified, the Authority or self-insurer is liable— (a) to pay the reasonable costs of modifying the home; or (b) if for any reason the home cannot be reasonably modified, to contribute a reasonable amount— (i) to the purchase costs of a semi-detachable portable unit; or (ii) to the costs of relocating the worker to another home that is suitable for the worker or that is capable of being reasonably modified. (6) Without limiting the factors the Authority or self‑insurer may consider in determining the reasonable costs or amount for the purposes of subsection (5), the Authority or self-insurer must have regard to the following factors— (a) whether the home in which the worker resides is structurally suitable for modification; (b) the nature of the worker's injuries; (c) how those injuries restrict, or are likely to restrict, the worker's ability— (i) to enter and leave the home in which the worker resides; and (ii) to move about the home for necessary purposes; (d) the extent of the modifications that will be needed to address those restrictions or likely restrictions; (e) any complex, unique or unusual circumstances associated with those modifications; (f) whether the cost of those modifications is likely to exceed the value of the home in which the worker resides. (7) If a worker moves from a home that has modifications to which the Authority or self-insurer made a contribution, in assessing whether to make a payment in respect of modifications to the worker's new home, the Authority or self-insurer must have regard to the appropriateness of that home for modification, having regard to all relevant circumstances, with respect to the modifications that are needed. (8) The Authority or self-insurer must not make a payment or contribution under subsection (2), (3) or (5) which exceeds $10 000 or a greater amount as may be prescribed, unless the worker enters into an agreement with the Authority or self-insurer in relation to the ownership of, and maintenance of modifications to, the car, home or semi-detachable portable unit. (9) Without limiting what may be included in an agreement under subsection (8), the agreement must include provisions in respect of— (a) subsequent modifications; (b) changes of ownership; (c) the frequency of modifications and changes of ownership. S. 99AD inserted by No. 67/1992 s. 21, amended by Nos 50/1993 s. 78(1)(c), 50/1994 s. 47, s. 11(4), new s. 99AD inserted by No. 80/2010 s. 77. 99AD Duration of compensation under this Division (1) Subject to subsection (4), if weekly payments are payable, compensation under this Division ceases after 52 weeks after the entitlement to weekly payments ceases, unless subsection (5) applies. (2) Subject to subsection (4), if compensation is payable only under this Division, compensation under this Division ceases after 52 weeks after the entitlement arises, unless subsection (5) applies. (3) Before compensation under subsection (1) or (2) ceases, the Authority or self-insurer— (a) must give at least 28 days written notice to the worker; and (b) must state in the notice— (i) the reasons for giving the notice; and (ii) the date when the entitlement will cease. S. 99AD(4) amended by No. 67/2013 s. 630(9)(a). (4) If a worker receives a settlement or award of pecuniary loss damages within the meaning of section 134AB or 135A of this Act or section 93 of the **Transport Accident Act 1986** or accepts a voluntary settlement of weekly payments under Division 3A of Part IV of this Act in respect of an injury, the worker is entitled, subject to this Act, to continue to receive compensation under this Division. (5) Compensation under this Division does not cease if— (a) the worker has returned to work but— S. 99AD (5)(a)(i) amended by No. 67/2013 s. 630(9)(b) (as amended by No. 44/2014 s. 24(27)). (i) could not remain at work if a service under section 99(1) was not provided; or (ii) surgery is required for the worker; or (iii) the worker has a serious injury within the meaning of section 91E; or (b) the worker requires modification of a prosthesis; or (c) the service provided under section 99(1) is essential to ensuring that the worker's health or ability to undertake the necessary activities of daily living does not significantly deteriorate. S. 99AE inserted by No. 80/2010 s. 77. 99AE Termination of payment for professional services obtained fraudulently (1) If the Authority or a self-insurer determines that payment for professional services was obtained by the worker fraudulently, the Authority or self‑insurer may terminate payment of those professional services by giving to the worker, within 7 days after the determination is made, written notice stating the date on which, and the grounds on which, the determination was made. (2) The termination of payment of professional services under subsection (1) takes effect from the date of the determination. Div. 2BA (Heading and ss 99AF–99AS) inserted by No. 5/2021 s. 35. Division 2BA—Provisional payments for mental injuries S. 99AF inserted by No. 5/2021 s. 35. 99AF Definition ***reasonable costs*** has the same meaning as in section 99AAA(2). S. 99AG inserted by No. 5/2021 s. 35. 99AG Entitlement to provisional payments for mental injuries (1) If a worker makes a claim for compensation under this Act in respect of a mental injury, the Authority or a self-insurer must pay the reasonable costs of a service specified in section 99(1)(a) received because of the claimed mental injury as provisional payments in accordance with this Division. (2) Subsection (1) does not apply— (a) if the claim for compensation was made before the commencement of this Division; or (b) subject to section 99AN(1)(b), if the Authority or a self-insurer has previously determined a claim for compensation relating to the same mental injury and circumstances. (3) Guidelines made under section 99(2) apply for the purposes of this Division. (4) A worker is entitled to receive a service referred to in subsection (1) (other than an occupational rehabilitation service) from the provider of the worker's choice notwithstanding that an employer or the Authority or a self-insurer, as the case may be, offers or provides a service to the worker for the worker's use. S. 99AH inserted by No. 5/2021 s. 35. 99AH To whom provisional payments under this Division are to be paid (1) Provisional payments under this Division must be made to a person lawfully entitled to the payment. (2) If the liability to the person lawfully entitled to payment of the costs specified in section 99AG(1) has already been discharged in whole or in part by a payment by the worker or any other person whether legally liable to make the payment or not, the amount by which the liability has been so discharged must be paid to the worker or other person who made the payment. (3) If a worker is entitled to any of the services specified in section 99AG(1) free of charge or at a reduced rate or charge because the worker— (a) entered into any prior contract, agreement or arrangement; or (b) was a contributor or subscriber to any institution, fund or scheme— the payment in respect of those services must not be reduced but, after payment of the amount, if any, actually owing to the person lawfully entitled to payment, the balance of the reasonable cost must be paid to the worker. (4) The payment of the whole of the reasonable costs of any service specified in section 99AG(1) wholly and finally discharges the worker and any other person from all liability whatsoever in respect of those costs. S. 99AI inserted by No. 5/2021 s. 35. 99AI Certain actions etc. not permitted For the purposes of this Division, section 99(10) and (11) apply as if in subsection (10) of that section, for "this Division" there were substituted "Division 2BA". S. 99AJ inserted by No. 5/2021 s. 35. 99AJ Medical and like services outside Australia For the purposes of this Division, section 99AA applies as if— (i) for "compensation" there were substituted "provisional payments"; and (ii) for "or of burial or cremation" were omitted; and (b) in subsections (1) and (2) of that section "or burial or cremation" were omitted; and (c) in subsection (2) of that section, for "section 99AD(2), (4) and (5)" there were substituted "section 99AN"; and (d) in subsection (3) of that section "or burial or cremation" were omitted; and (e) in subsection (4) of that section ", burials or cremations" were omitted. S. 99AK inserted by No. 5/2021 s. 35. 99AK Provisional payments not payable for certain accommodation etc. For the purposes of this Division, section 99(12) to (16) apply as if in subsection (12) of that section— (a) for "compensation" there were substituted "provisional payments"; and (b) for "injury" there were substituted "mental injury". S. 99AL inserted by No. 5/2021 s. 35. 99AL Occupational rehabilitation services For the purposes of this Division, section 99AB applies as if— (a) in subsection (1) of that section, for "this Division" there were substituted "section 99(1)(a)"; and (b) in subsection (2)(a) of that section, for "type of injury" there were substituted "nature of the mental injury". S. 99AM inserted by No. 5/2021 s. 35. 99AM Modification of cars and homes For the purposes of this Division, section 99AC applies as if— (a) in subsections (2), (3), (4)(a), (b) and (c) and (5) of that section, for "injury" there were substituted "mental injury"; and (b) in subsection (6)(b) and (c) of that section, for "injuries" there were substituted "mental injuries". S. 99AN inserted by No. 5/2021 s. 35. 99AN Duration of provisional payments under this Division (1) Provisional payments are payable under this Division on and from the day the worker is determined under section 75A of the **Workplace Injury Rehabilitation and Compensation Act 2013** to be entitled to provisional payments until— (a) if the worker's claim for compensation in respect of the mental injury is accepted by the Authority or a self‑insurer, the day the claim is accepted; or (b) in any other case, 13 weeks after the day the worker is determined under section 75A of the **Workplace Injury Rehabilitation and Compensation Act 2013** to be entitled to provisional payments. (2) To avoid doubt, a worker whose claim for compensation in respect of a mental injury is rejected by the Authority or a self-insurer or terminated under section 114 is entitled to provisional payments under this Division for that claimed injury until the day referred to in subsection (1)(b). S. 99AO inserted by No. 5/2021 s. 35. 99AO Provisional payments are not compensation (1) Provisional payments made under this Division are not a payment of compensation under this Act except for the purposes of— (a) seeking a refund of payments under section 599 of the **Workplace Injury Rehabilitation and Compensation Act 2013** or any other amount relating to the recovery of payments under this Act; and (b) calculating employer premiums. (2) A decision made by the Authority or self-insurer to make provisional payments under this Division is not an admission of liability to pay compensation under this Act. (3) Except as provided in subsection (4), nothing in this Division limits or otherwise affects a worker's entitlement to compensation or damages arising from the worker's mental injury. (4) If the reasonable costs of a service are paid as provisional payments under this Division, the liability of the Authority or a self-insurer to pay compensation under Division 2B in respect of that service is discharged. S. 99AP inserted by No. 5/2021 s. 35. 99AP Termination of provisional payments for services obtained fraudulently For the purposes of this Division, section 99AE applies as if— (i) for "payment for professional services" there were substituted "provisional payments made under Division 2BA"; and (ii) for "payment of those professional services" there were substituted "those provisional payments"; and (b) in subsection (2) of that section, for "payment of professional services" there were substituted "those provisional payments". S. 99AQ inserted by No. 5/2021 s. 35. 99AQ Guidelines for the purposes of this Division (1) The Authority may make guidelines for the purposes of this Division relating to the process to be observed by the Authority or self-insurer when acting under this Division. (2) The Authority must ensure that guidelines made under subsection (1) are published and are generally available. S. 99AR inserted by No. 5/2021 s. 35. 99AR Disputes about provisional payments For the purposes of this Division, section 6(6)(b) of the **Workplace Injury Rehabilitation and Compensation Act 2013** applies as if in that subsection, for "on or after 1 July 2014 in relation to a claim for compensation under the **Accident Compensation Act 1985**, whether made before, on or after 1 July 2014" there were substituted "under the **Accident Compensation Act 1985** in relation to a request for provisional payments under Division 2BA of Part IV of that Act". S. 99AS inserted by No. 5/2021 s. 35. 99AS Requests for information about provisional payments For the purposes of this Division, section 9 of the **Workplace Injury Rehabilitation and Compensation Act 2013** applies as if— (i) for "made a claim for compensation" there were substituted "requested provisional payments under Division 2BA of Part IV of the **Accident Compensation Act 1985**"; and (ii) for "the claim for compensation" there were substituted "the request for provisional payments"; and (b) in subsection (2) of that section— (i) for "made a claim for compensation" there were substituted "requested provisional payments under Division 2BA of Part IV of the **Accident Compensation Act 1985**"; and (ii) for "the claim" there were substituted "the request for provisional payments". Pt 4 Div. 2C (Heading) inserted by No. 80/2010 s. 79(1).