Victorian Numbered Regulations

COUNTRY FIRE AUTHORITY REGULATIONS 2004 (SR NO 9 OF 2004) - REG 89

r. 89

    (1)     The Authority may, in accordance with regulation 91, reduce weekly payments on one or more of the following grounds—

        (a)     there is not, or is no longer, an entitlement to weekly payments at the existing amount;

        (b)     the member has returned to work;

        (c)     the member's current weekly earnings have altered by reason of a change in employment circumstances;

        (d)     the Authority considers that the member unreasonably did not accept—

              (i)     an offer of suitable employment; or

              (ii)     an offer of suitable employment which would result in increased weekly earnings;

        (e)     the member's current work capacity warrants a reduction of weekly payments.

    (2)     When a member has received weekly payments for loss of income in respect of an aggregate period of 156 weeks (whether consecutive or not), the Authority must reduce weekly payments, in accordance with regulation 91, to—

        (a)     if the member has a serious injury as determined by the Authority or has no current work capacity for suitable employment, 90% of the member's pre-injury average weekly earnings as determined by the Authority;

        (b)     if the member has a current work capacity for suitable employment, 70% of the member's pre-injury average weekly earnings as determined by the Authority—

less the member's current weekly earnings, or notional current weekly earnings as determined by the Authority.