Victorian Numbered Acts Victorian Numbered Acts(1) For sections 134AB(3) and 134AB(4) of the Accident Compensation Act 1985 substitute —
"(3) A worker may not bring proceedings in accordance with this section unless—
(a) determinations of the degree of impairment of the worker have been made under section 104B and the worker has made an application under sub-section (4); or
(b) subject to any directions issued under section 134AF, the worker elects to make an application under sub-section (4) on the ground that the worker has a serious injury within the meaning of this section.
(4) A worker may only make an application—
(a) if sub-section (3)(a) applies, after the worker—
(i) has advised the Authority or self-insurer under section 104B(6) or 104B(7B) that he or she accepts the determinations of degree of impairment; or
(ii) has received the advice of the Authority or self-insurer under section 104B(10); or
(b) if sub-section (3)(b) applies—
(i) after a period of at least 18 months has elapsed since the event or circumstance giving rise to the injury occurred; or
(ii) if an application had been made under section 104B as in force before the commencement of section 5 of the Accident Compensation Legislation (Amendment) Act 2004 , subject to section 104B(21).".
(2) In section 134AB(15) of the Accident Compensation Act 1985 after "section 104B" insert "made before an application under sub-section (4) is made".
(3) After section 134AB(21) of the Accident Compensation Act 1985 insert —
"(21A) If after a worker has failed to satisfy a court that the relevant injury is a serious injury on an application for leave to bring proceedings in accordance with sub-section (16)(b), the worker obtains under section 104B determinations that the degree of impairment of the worker is 30 percentum or more, the worker is not entitled to recover damages for the same relevant injury.".