New South Wales Consolidated Regulations

WORKERS COMPENSATION COMMISSION RULES 2006 - REG 9.2

9.2 Proceedings commenced by application for interim payment direction

(1) Proceedings under section 297 of the 1998 Act in relation to:

(a) the failure to determine a claim for weekly benefits as and when required by the 1998 Act, or

(b) the issue of a dispute notice in respect of a claim for weekly benefits, or

(c) the failure to determine a claim for medical expenses compensation as and when required by the 1998 Act, or

(d) the issue of a dispute notice in respect of a claim for medical expenses compensation, or

(e) the failure to commence provisional payments of compensation as required by Division 1 of Part 3 of Chapter 7 of the 1998 Act following initial notification of an injury,

are to be commenced by way of application for an interim payment direction.

(2) An application for an interim payment direction is to be lodged with the Commission and include as attachments the information and other documents required by the approved form of application.

(3) The applicant is to serve the application on the respondent on the same day as the application is lodged with the Commission, and is not required to serve a sealed copy of the application.

(4) If the respondent is an employer (but not a self-insurer) the applicant must also, and on the same day, serve a copy of the application on the employer’s insurer.

(5) The Registrar may provide a copy of the application to the respondent, and may obtain the respondent’s views as to the application in such manner as the Registrar considers appropriate.