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LAW2STA
Statutory Interpretation 2019
PRACTICE PROBLEM
EXAMINER’S ANSWER
(597 words)
Answer in Brief
The Commissioner erred. ‘Incorrect’ in s 9(1) of the Back to Work Act 2015 (Vic) (‘the Victorian Act’) means incorrect as to fact, that is, the claimant was not entitled to the back to work payment.
As Wilma was entitled to the payment, the decision could not be reversed and she is under no obligation to repay the amount sought under s 37 of the Victorian Act.
Disc
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