New South Wales Consolidated Regulations

COAL ACQUISITION (COMPENSATION) ARRANGEMENTS 1985 - REG 22A

22A Claims remitted to Compensation Board for reconsideration

(1) As soon as practicable after a claim is remitted to the Compensation Board for reconsideration in accordance with clause 29 (2) (b) or (3) (b), the Board shall, subject to this instrument, proceed to reconsider the claim in accordance with the direction given under clause 29 (2) (b) or (3) (b), as the case requires.

(2) If a claim remitted to the Compensation Board pursuant to clause 29 (2) (b) or (3) (b) was originally made in accordance with clause 10, then, subject to the direction given under clause 29 (2) (b) or (3) (b), the provisions of clauses 18 and 20, so far as relevant and with necessary modifications apply to the claim.

(3) If a claim remitted to the Compensation Board pursuant to clause 29 (2) (b) or (3) (b) was originally made in accordance with clause 11, then, subject to the direction given under clause 29 (2) (b) or (3) (b), the provisions of clauses 18, 20 and 21, so far as relevant and with necessary modifications, apply to the claim.

(4) If a claim remitted to the Compensation Board pursuant to clause 29 (2) (b) was originally made in accordance with clause 12, or was originally purportedly made under clause 12 (as referred to in clause 9A (1) (b)), then, subject to the direction given under clause 29 (2) (b), the provisions of clause 22, so far as relevant and with necessary modifications, apply to the claim.

(5) Whenever the Compensation Board, as a result of reconsidering a claim remitted to it pursuant to clause 29 (2) (b), varies the determination made in respect of the claim, the Board shall cause a notice in writing setting out the determination as varied to be served on the claimant.

(6) Whenever the Compensation Board, as a result of reconsidering a claim remitted to it pursuant to clause 29 (3) (b), makes a determination in respect of the claim, the Board shall cause a notice in writing setting out the determination to be served on the claimant.

(7) If the Compensation Board varies a determination referred to in subclause (5), or makes a determination as referred to in subclause (6), providing for the payment of compensation to a claimant, it shall specify in the variation or determination the basis on which the compensation is calculated.