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Workplace Injury Rehabilitation and Compensation Act 2013
301CLodging of disputes for arbitration
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301C Lodging of disputes for arbitration
(1) A claimant in a dispute may refer the dispute for arbitration by ACCS if—
S. 301C(1)(a) amended by No. 8/2024 s. 24(1).
(a) ACCS has notified the claimant under section 298 that ACCS is satisfied that there is a genuine dispute with respect to the payment of any of the following—
(i) compensation referred to in section 297(1) and (2);
(ii) compensation in the form of superannuation contributions;
(iii) interest on an outstanding amount; and
S. 301C(1)(ab) inserted by No. 8/2024 s. 24(2).
(ab) the dispute is not or does not include a dispute as to any of the following—
(i) whether an injury is an injury under this Act;
(ii) whether an injury has occurred in circumstances that create a liability for the Authority or self-insurer to pay compensation under this Act; and
(b) the claimant has not applied to a court for the determination of the dispute.
(2) A person may refer a dispute under this section on behalf of the claimant.
S. 301C(2A) inserted by No. 8/2024 s. 24(3).
(2A) A dispute excluded from arbitration under subsection (1)(ab) includes a dispute as to any of the following matters—
(a) whether a claimant is a worker;
(b) whether the claimant has suffered an injury, including a mental injury;
(c) whether an injury caused to the claimant is an injury that arose out of, or in the course of, or due to the nature of, the claimant's employment;
(d) whether the claimant's employment was a significant contributing factor to an injury caused to the claimant;
(e) whether an injury caused to the claimant is a mental injury for which there is no entitlement to compensation;
(f) whether an injury caused to the claimant is a disease for which there is no entitlement to compensation;
(g) whether an injury caused to the claimant is a proclaimed disease;
(h) any other matter that is relevant to determining any of the following—
(i) whether an injury is an injury under this Act;
(ii) whether an injury has occurred in circumstances that create a liability for the Authority or self‑insurer to pay compensation under this Act.
(3) A referral for arbitration of a dispute must be lodged with ACCS by sending or delivering notice, in a form approved by ACCS, within 60 days after receipt of a notice under section 298 or 301N(3) in respect of the dispute.
The **Electronic Transactions (Victoria) Act 2000** provides for lodgement by electronic communication in accordance with that Act.
S. 301D inserted by No. 15/2021 s. 35.