107Determination of claims for personal injury compensation

107 Determination of claims for personal injury compensation

(1) The Authority must—

(a) inquire into the circumstances of a claim for personal injury compensation lodged; and

(b) determine the claim as soon as possible.

(2) In determining a claim, the Authority—

(a) has power to do all things necessary or expedient to determine the claim; and

(b) must give consideration—

(i) for a claim relating to injuries sustained before 1 July 2014, to sections 5, 5AC, 5AE, 5B, 82, 82A, 82B, 82BA, 82C, 82D, 83, 86, 88, 89, 90, 91 (except subsection (2)), 92 (except subsection (7)), 93, 93CE, 93E, 93EA, 93F, 96, 96A, 97, 98, 98A, 99AAA, 99, 99AA, 99AC, 99AD, 99A and 100 of the Accident Compensation Act 1985 and sections 111 and 112 of that Act as in force immediately before their repeal by the Workplace Injury Rehabilitation and Compensation Act 2013; or

(ii) for a claim relating to injuries sustained on or after 1 July 2014, to sections 92, 98 and 98A of the Accident Compensation Act 1985 and sections 3, 6, 7, 27, 39, 40, 41, 42, 43, 43A, 44, 45, 46, 50, 52, 53, 53A, 54, 55, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 152, 156, 158, 160, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 222, 223, 224, 226, 228, 229, 231, 232 and 542 of, and clause 25 of Schedule 1 to, the Workplace Injury Rehabilitation and Compensation Act 2013—

with any variations that are necessary, and in so far as they are not inconsistent with these Regulations.

(3) In determining a claim for compensation arising from the death of a member, the Authority may take into account the receipt by the member of—

(a) income from employment of, or work performed by, the member; or

(b) a pension, regular annuity or benefit payable under a law enacted in Victoria or any other Australian jurisdiction or an amount payable under a policy of insurance in respect of loss of earnings or income.