s 223

Definitions

In force

(1)

In this Division—

S. 223(1) def. of family member amended by No. 49/2018 s. 34.

family member of a worker, means a partner, parent, grandparent, sibling or child of the worker or of the worker's partner;

parent of a worker includes a person who has day to day care and control of the worker;

severe injury means any of the following—

(a)

paraplegia;

(b)

quadriplegia;

(c)

amputation of a limb;

(d)

amputation of a hand or foot;

(e)

severe head injury;

(f)

severe eye injury;

(g)

separation of a worker's skin from an underlying tissue (such as de-gloving or scalping);

(h)

severe burns;

(i)

severe lacerations;

(j)

severe injuries arising out of an electric shock;

(k)

any other work related injury giving rise to an imminent risk of death;

S. 223(1) def. of supported accom-modation amended by Nos 37/2021 s. 401, 9/2023 s. 264.

supported accommodation means—

(a)

a residential facility in which residential care is provided under the Aged Care Act 1997 of the Commonwealth; and

(b)

a supported residential service within the meaning of section 214 of the Social Services Regulation Act 2021; and

(c)

an SDA dwelling within the meaning of the Residential Tenancies Act 1997; and

(d)

a group home or other residential facility approved by the Authority for the purposes of this section.

(2)

In this Division—

reasonable costs, in relation to a service (including modification of a car or a home), burial or cremation means an amount—

(a)

that is determined by the Authority, employer or self-insurer as a reasonable cost in relation to that service, burial or cremation having regard to—

(i)

the service or provision actually rendered; and

(ii)

the necessity of the service or provision in the circumstances; and

(iii)

any guidelines made by the Authority and published on its website in respect of services or provisions of that kind; and

(b)

that does not exceed the amount (if any) specified in, or an amount determined in accordance with a method specified in, an Order of the Governor in Council;

Order of the Governor in Council means an Order made on the recommendation of the Authority and published in the Government Gazette specifying an amount, or an amount determined in accordance with a method specified in the Order as the maximum amount of costs payable in respect of a service (including modification of a car or a home) or a burial or cremation, being a maximum amount that is not less than the amount of the fee specified in a Table within the meaning of the Health Insurance Act 1973 of the Commonwealth applicable in respect of a service of that kind provided in Victoria.

(3)

Guidelines made by the Authority for the purposes of paragraph (a)(iii) of the definition of reasonable costs in subsection (2) apply in relation to the cost of a service, burial or cremation provided or carried out after the making of the guidelines, irrespective of the date of the injury.

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