(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.
(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--
(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.