128Claims procedure

128 Claims procedure

(1) A claim for compensation under Part V of the Act must—

(a) be in a form approved by the Chief Executive Officer; and

(b) if a claim for loss of income is made, be accompanied by—

(i) a medical certificate in the form required by subregulation (2) in respect of a period of incapacity not exceeding 28 days; and

(ii) proof of loss of earnings, including but not limited to taxation returns, profit and loss statements, PAYG pay assessments and statements from an employer or the casual fire-fighter or volunteer auxiliary worker's accountant; and

(c) if the claim is in respect of the death of a casual fire-fighter or volunteer auxiliary worker, be accompanied by a copy of the death certificate.

(2) For the purposes of subregulation (1), a medical certificate must—

(a) be in a form approved by the Chief Executive Officer, having regard to the form approved by the Victorian WorkCover Authority for the purposes of section 25 of the Workplace Injury Rehabilitation and Compensation Act 2013; and

(b) be issued by a medical practitioner; and

(c) specify—

(i) the expected duration of the casual
fire-fighter or volunteer auxiliary worker's incapacity; and

(ii) whether the casual fire-fighter or volunteer auxiliary worker has a current work capacity or has no current work capacity during the period, not exceeding 28 days, stated in the certificate.

(3) Despite subregulation (2)(c), the Authority may accept a medical certificate covering a period exceeding 28 days if the certificate states reasons why the certificate covers the longer period.

(4) A medical certificate is of no effect to the extent that it relates to a period of time more than 90 days after the date the certificate is issued, unless the Authority otherwise determines.

(5) A claim must be lodged with the Authority.

(6) If a claim for compensation or the material accompanying the claim for compensation is incomplete or is insufficient to enable the Authority to make a determination of the claim, the Chief Executive Officer may request further information from the casual fire-fighter or volunteer auxiliary worker or the claimant before the Authority determines the claim.