Check a Victorian notice that suspends weekly payments
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the suspension notice and the examination or return-to-work history, table the reason on the notice against sections 27, 116, 175 and 177. Draft a response only from the grounds the lawyer marks.
- What the lawyer must review
- Match the notice to the section it relies on
- Check a section 116 notice gives at least 14 days
- You decide whether any refusal was unreasonable
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria: a notice affecting weekly payments under the Workplace Injury Rehabilitation and Compensation Act 2013
Produce. A comparison of the notice with the section, and a response only on the grounds the lawyer marks.
Have ready. The notice and the date it was given; The examination history or the obligation the notice specifies; Whether the worker has ceased to reside in Australia or is in prison.
Example of the limit. Illustrative example: The notice suspends payments in seven days for a missed examination. The table records that section 27 suspends an entitlement when a refusal or obstruction is unreasonable, and that section 116's 14-day notice is a different section. The lawyer decides whether the refusal was unreasonable before any response is sent.
Stop and hand it back when
- The notice does not match any of sections 27, 116, 175 or 177.
- The draft says the worker's refusal was unreasonable without the lawyer marking that ground.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the suspension notice and the examination or return-to-work history, table the reason on the notice against sections 27, 116, 175 and 177. Draft a response only from the grounds the lawyer marks. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 27: if the worker unreasonably refuses or unreasonably obstructs an examination by an independent medical examiner, the claim, proceedings, the entitlement to compensation, and the entitlement to apply to the County Court or the Magistrates' Court are suspended until the examination takes place. Weekly payments that would have been payable during the suspension are forfeited.
- Section 116 applies where the worker does not comply with an obligation imposed under Division 3. A suspension notice must state the reason, the obligation, and a suspension date at least 14 days and no more than 60 days after the notice. If the worker still does not comply, weekly payments may be suspended for 28 days. Payments during the suspension until compliance are forfeited. The heading of Division 3 was not separately opened.
- Section 175: weekly payments cease if the worker ceases to reside in Australia, unless before leaving the worker satisfied the Authority or self-insurer of no current work capacity likely to continue indefinitely and, where payments are after the second entitlement period, a whole person impairment of more than 20 per cent. A later claim must also satisfy that no-current-capacity test.
- Section 177: there is no entitlement to weekly payments for a period in which the person serves a sentence of imprisonment in a prison under the Corrections Act 1986, or in a prison or similar institution outside Victoria.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| New South Wales pre-injury average weekly earnings worksheet | Other | AI use Yellow | Worksheet for pre-injury average weekly earnings under Workers Compensation Act 1987 (NSW) Schedule 3, and the weekly rates in sections 36 and 37. |
| Victoria pre-injury average weekly earnings worksheet | Other | AI use Yellow | Worksheet for pre-injury average weekly earnings under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) sections 153 to 158. |
| Queensland normal weekly earnings worksheet | Other | AI use Yellow | Worksheet for normal weekly earnings under Workers' Compensation and Rehabilitation Act 2003 (Qld) section 106, and the total-incapacity rates in sections 150 and 151. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 27, medical examinations · 2026-10-23
- Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 116, failure to comply with Division 3 · 2026-10-23
- Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 175, absence from Australia · 2026-10-23
- Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 177, sentences of imprisonment · 2026-10-23
- WorkSafe Victoria: how long a worker should be given employment after injury · 2026-10-23
The employer's 52-week employment obligation is a different rule. It is not a ground in sections 27, 116, 175 or 177 for stopping the worker's weekly payments.
The response, if sent, is settled by the lawyer. If it is later filed, the County Court practice note of 9 June 2026 or Practice Note SC GEN 25 applies.