3.9.1 Reducing weekly payments | 3.9.2 Not increasing or not paying weekly payments | 3.9.3 Worker applies to alter weekly payments | 3.9.4 Alter a worker’s weekly payments | 3.9.5 Recovery for wrongful termination | 3.9.6 Written notice of alteration/termination | 3.9.7 Contents of notice | 3.9.8 Types of notices | 3.9.9 Period of notice | 3.9.10 Terminate weekly payments after second entitlement period | 3.9.11 Exceptions to notice required | 3.9.12 Material change | 3.9.13 Transition Support Service
In addition to the termination of weekly payments after the expiry of the second entitlement period, weekly payments can be terminated for the reasons outlined in this section.
However, it should be noted that a worker’s weekly payments are not to be terminated solely on the ground that the worker has returned to full-time Full-time worker means a worker who is employed for at least the normal number of hours fixed in any industrial award applicable to the worker or if there is no applicable award the prescribed number of hours work.
Workers can recover compensation if their payments have been wrongfully terminated.
Under the legislation Agents can
- not increase or not pay
- cease or
a worker’s weekly payments if the worker’s entitlement changes.
If the worker’s entitlement changes, Agents may:
- terminate or cease weekly payments
- alter the basis on which the amount of weekly payments is calculated or choose not to alter weekly payments
- not increase or not pay weekly payments in some circumstances
- suspend weekly payments for the time that the worker is not eligible
- increase or reduce weekly payments.
Termination due to non-entitlement
The worker is not entitled to compensation.
The Agent had accepted liability but the worker was not entitled to compensation because the:
- worker’s employment was not connected with the State of Victoria
- worker was not a worker within the meaning of the legislation
- injury did not arise out of or in the course of employment
- worker did not suffer an injury
- worker suffered a mental injury relating to circumstances which excludes entitlement to compensation under the legislation
- worker’s employment was not a significant contributing factor to the injury as required under the legislation
- injury was self-inflicted or due to serious and wilful misconduct
- worker has made a false or misleading disclosure
- worker has failed to disclose a pre-existing condition at the time of employment if requested in writing by the employer to do so
- injury was caused by a transport accident Transport accident means a transport accident within the meaning of section 3(1) of the Transport Accident Act 1986 and the worker has been convicted or found guilty of a serious road traffic offence for the driving of the motor vehicle.
See: Driving offences
Terminate as worker is no longer entitled to weekly payments
- is not or is no longer entitled to weekly payments because the worker:
- is not or is no longer incapacitated for work
- has an incapacity for work but it does not result from nor is it materially contributed to by the injury for which liability was accepted
- is breaching their RTW Return to Work obligations
- suffered an injury which was a temporary aggravation of an underlying or non-work related condition, the effects of the aggravation have ceased and the underlying condition is the cause of the incapacity.
Termination as no longer incapacitated for pre-injury duties and hours at an alternative workplace
- Where a worker has a capacity to perform all of his/her pre-injury duties and hours but not at the premises at which, or with the co-workers with whom, he/she worked prior to the injury, the worker may be considered to have no incapacity.
Termination due to fraud
The worker fraudulently obtained payments.
Written notice & period of notice required to terminate or alter weekly payments
Unless stated otherwise, if Agents suspend, terminate or alter a worker’s weekly payments it will generally only have effect:
- if written notice is given
- after the expiry of the required notice period.
See: Exceptions to notice required for exceptions to when a notice is not required under the legislation.
Notify worker of rights to conciliation or review
Workers are entitled to know the reasons for the decisions made about their weekly payments and have the right to seek internal review, conciliation or external review when they think a decision is wrong.
Agents are to inform workers of their right to apply for conciliation or review.
'External review' means review by a Court being either the Magistrates’ or County Court.