63Compensation in respect of injury to casual fire-fighter

63 Compensation in respect of injury to casual fire-fighter (1) If personal injury is suffered— (a) by a casual fire-fighter, by accident arising out of or in the course of fire-fighting at any fire in or outside Victoria with a Victorian brigade or group of brigades; or (b) by a volunteer auxiliary worker, by accident arising out of or in the course of the performance of an authorized activity in or outside Victoria— compensation is payable under this Part. (2) The persons to whom or for whose benefit compensation is payable are, in respect of personal injury suffered before the appointed day within the meaning of the **Accident Compensation Act 1985**, those persons to whom or for whose benefit compensation would be payable under the **Workers Compensation Act 1958** if the casual fire-fighter or volunteer auxiliary worker were a worker within the meaning of that Act and the personal injury were caused in his or her employment by accident arising out of or in the course of the employment. S. 63(3) amended by No. 67/2013 s. 649(Sch. 9 item 7(1)). (3) The persons to whom or for whose benefit compensation is payable are, in respect of personal injury suffered on or after the appointed day within the meaning of the **Accident Compensation Act 1985** but before 1 July 2014, those persons to whom or for whose benefit compensation would be payable under that Act if the casual fire-fighter or volunteer auxiliary worker were a worker within the meaning of that Act and the personal injury were caused in the employment of the casual fire-fighter or volunteer auxiliary worker by accident arising out of or in the course of the employment. S. 63(3A) inserted by No. 67/2013 s. 649(Sch. 9 item 7(2)). (3A) The persons to whom or for whose benefit compensation is payable are, in respect of personal injury suffered on or after 1 July 2014, those persons to whom or for whose benefit compensation would be payable under the **Workplace Injury Rehabilitation and Compensation Act 2013** if the casual fire-fighter or volunteer auxiliary worker were a worker within the meaning of that Act and the personal injury were caused in the employment of the casual fire-fighter or volunteer auxiliary worker by accident arising out of or in the course of the employment. (4) All claims for compensation under this section must be made to the Authority in accordance with the regulations. (5) The nature, amount and limits of the compensation, the time at which and the period during which compensation is payable, the manner of payment or application of compensation, the circumstances in which payments of compensation are to cease to be reviewed or altered and all other matters relating to compensation are to be determined by the Authority or in such manner as the Authority directs and the Authority's determinations and directions are final and without appeal. S. 63(6) amended by No. 67/2013 s. 649(Sch. 9 item 7(3)). (6) In making any determination or giving any direction in relation to any matter referred to in subsection (5) the Authority must so far as practicable be guided by reference to the applicable provisions of the **Workers Compensation Act 1958** (other than sections 11 to 26) or, as the case requires, of the **Accident Compensation Act 1985** (other than sections 86, 87, 88, 89, 90 and 98) or the **Workplace Injury Rehabilitation and Compensation Act 2013** (other than sections 50, 51, 59, 61 or 62) governing the corresponding matter under that Act. S. 63(7) amended by No. 67/2013 s. 649(Sch. 9 item 7(4)). (7) A person is not debarred from compensation in respect of personal injury caused to any casual fire-fighter or volunteer auxiliary worker by reason only that the casual fire-fighter or volunteer auxiliary worker was not at the relevant time a ***worker*** within the meaning of the **Workers Compensation Act 1958** or within the meaning of the **Accident Compensation Act 1985** or the **Workplace Injury Rehabilitation and Compensation Act 2013** (as the case requires). S. 63(8) amended by No. 67/2013 s. 649(Sch. 9 item 7(4)). (8) For the purpose of assessing compensation the average weekly earnings of a casual fire-fighter or volunteer auxiliary worker are to be computed by the Authority by reference to his or her employment by any employer or employers during the relevant period before the accident or (if he or she was not then working under any contract of service) upon such basis as in the opinion of the Authority is best calculated to give the appropriate compensation for his or her loss of earning capacity, but so that any relevant maximum limits imposed by the **Workers Compensation Act 1958** or the **Accident Compensation Act 1985** or the **Workplace Injury Rehabilitation and Compensation Act 2013** (as the case requires) are not exceeded. S. 64 substituted by No. 50/1989