New South Wales Consolidated Acts

WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 289

289 Restrictions as to when dispute can be referred to Commission

(1) A dispute about a claim for weekly payments cannot be referred for determination by the Commission unless the person on whom the claim is made:

(a) disputes liability for the claim (wholly or in part), or

(b) fails to determine the claim as and when required by this Act.

Note: The determination of a claim requires the commencement of weekly payments of compensation. The failure to commence weekly payments without having disputed liability constitutes a failure to determine the claim.

(2) A dispute about a claim for medical expenses compensation cannot be referred for determination by the Commission unless the person on whom the claim is made:

(a) disputes liability for the claim (wholly or in part), or

(b) fails to determine the claim as and when required by this Act.

(2A) Subsection (2) does not prevent the referral to the Commission of a dispute about whether any proposed treatment or service is reasonably necessary as a result of an injury.

Note: Section 60 of the 1987 Act provides for such a dispute to be referred to the Commission.

(3) A dispute about a claim for lump sum compensation cannot be referred for determination by the Commission unless the person on whom the claim is made:

(a) wholly disputes liability for the claim, or

(b) made an offer of settlement to the claimant pursuant to the determination of the claim as and when required by this Act and 1 month has elapsed since the offer was made, or

(c) fails to determine the claim as and when required by this Act.

Note: The determination of a claim requires the making of a reasonable offer of settlement (if liability is wholly or partly accepted). Failure to make a reasonable offer of settlement constitutes a failure to determine the claim.

(4) A dispute about a claim for compensation under Division 5 (Compensation for property damage) of Part 3 of the 1987 Act cannot be referred for determination by the Commission until:

(a) 28 days after the claim for compensation is made, or

(b) the person on whom the claim is made disputes liability for the claim (wholly or in part),

whichever happens first.

(5) The Commission may not hear or otherwise deal with any dispute if this section provides that the dispute cannot be referred for determination by the Commission.