Australian Capital Territory Consolidated Regulations

WORKERS COMPENSATION REGULATION 2002 - REG 82

    (1)     This section applies to an insurer's approval if—

        (a)     a matter mentioned in section 81 (1) (a) (Action other than revocation of insurer's approval) applies to the insurer; and

        (b)     either—

              (i)     the Minister has done a thing mentioned in section 81 (2), but the matter continues or is repeated; or

              (ii)     the Minister considers the matter serious; and

        (c)     the Minister gives notice under section 80 (Notice of proposed action on insurer's approval) that the Minister proposes to revoke the approval.

    (2)     After considering any written representation made by the insurer within the period for representations stated in the notice, the Minister may—

        (a)     do 1 or more of the things mentioned in section 81 (2); or

        (b)     revoke the insurer's approval.

    (3)     Without limiting subsection (1) (b) (ii), a serious matter includes the following:

        (a)     failing to establish an injury management program under the Act, section 88 (Insurer to establish etc injury management program);

        (b)     failing to give effect to an injury management program under the Act, section 89 (Insurer to give effect to injury management program);

        (c)     failing to establish a personal injury plan for an injured worker under the Act, section 97 (Personal injury plan for worker with significant injury);

        (d)     contravening a direction under the Act, section 114 (Unreasonableness in stopping payment);

        (e)     failing to comply with the Minister's notice, or giving details that are false or misleading in a material respect, under the Act, section 164 (Provision of information to Minister).

    (4)     The Minister must tell the insurer in writing about the decision—

        (a)     if the decision is to take action other than suspension or revocation—by giving the insurer a reviewable decision notice; or

Note     The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008 .

        (b)     if the decision is to suspend or revoke the insurer's approval—under section 83.