Division 5—Payment of compensation 128 Provisions relating to payment of compensation (1) If in any proceedings under this Act for the S. 128(1) substituted by payment of compensation under section 92, 92A, No. 83/1987 92B, 98, 98A, 98C or 98E or weekly payments or s. 69, amended by compensation under Division 2B of Part IV, the Nos 67/1992 ss 43(1)(a), Magistrates' Court or the County Court is of the 64(7)(a), opinion that the employer, the Authority or a 50/1994 s. 59(a), is responsible for any unreasonable 107/1997 delay— ss 18(3), 27(2)(d), 37(2)(a), 81/1998 s. 24(3)(a), 80/2010 s. 78(p). (a) the Court may direct the amount of S. 128(1)(a) amended by compensation determined and payable under No. 67/1992 this Act to be increased by an amount s. 43(1)(b). specified by the Court; and S. 128(1)(b) (b) the Authority or self-insurer must pay the amended by person entitled to compensation the amount Nos 67/1992 s. 64(7)(a), of the increase. 50/1994 s. 59(a), 81/1998 s. 24(3)(a). (2) If the Magistrates' Court or the County Court S. 128(2) amended by made a direction increasing the amount of No. 48/1986 s. 21, compensation payable under subsection (1)(a) as a substituted by result of forming the opinion that the employer No. 83/1987 s. 69, was responsible for any unreasonable delay, the amended by Authority may require the employer to pay an Nos 67/1992 ss 43(1)(c), amount equivalent to the increase paid by the 64(7)(a), Authority as if it were premium payable under the 50/1994 s. 59(b)(c), Accident Compensation (WorkCover 81/1998 Insurance) Act 1993. s. 24(3)(b)(c).
Division 5—Payment of compensation 128 Provisions relating to payment of compensation S. 128(1) substituted by No. 83/1987 s. 69, amended by Nos 67/1992 ss 43(1)(a), 64(7)(a), 50/1994 s. 59(a), 107/1997 ss 18(3), 27(2)(d), 37(2)(a), 81/1998 s. 24(3)(a), 80/2010 s. 78(p). (1) If in any proceedings under this Act for the payment of compensation under section 92, 92A, 92B, 98, 98A, 98C or 98E or weekly payments or compensation under Division 2B of Part IV, the Magistrates' Court or the County Court is of the opinion that the employer, the Authority or a is responsible for any unreasonable delay— S. 128(1)(a) amended by No. 67/1992 s. 43(1)(b). (a) the Court may direct the amount of compensation determined and payable under this Act to be increased by an amount specified by the Court; and S. 128(1)(b) amended by Nos 67/1992 s. 64(7)(a), 50/1994 s. 59(a), 81/1998 s. 24(3)(a). (b) the Authority or self-insurer must pay the person entitled to compensation the amount of the increase. S. 128(2) amended by No. 48/1986 s. 21, substituted by No. 83/1987 s. 69, amended by Nos 67/1992 ss 43(1)(c), 64(7)(a), 50/1994 s. 59(b)(c), 81/1998 s. 24(3)(b)(c). (2) If the Magistrates' Court or the County Court made a direction increasing the amount of compensation payable under subsection (1)(a) as a result of forming the opinion that the employer was responsible for any unreasonable delay, the Authority may require the employer to pay an amount equivalent to the increase paid by the Authority as if it were premium payable under the Accident Compensation (WorkCover Insurance) Act 1993.
85-10191a207.docx