New South Wales Consolidated Regulations

WORKERS COMPENSATION REGULATION 2003 - REG 15

15 Notice of intention to discontinue or reduce weekly payments

(1) The notice referred to in section 54 of the 1987 Act must include the following:

(a) a statement of the reason for the decision to discontinue payment, or reduce the amount, of weekly payments of compensation and of the issues relevant to the decision,

(b) a statement identifying all the reports and documents submitted by the worker in making the claim for weekly payment of compensation,

(c) a statement identifying all the reports of the type to which clause 37 applies that are relevant to the decision, whether or not the reports support the reasons for the decision,

(d) a statement advising that a copy of a report required to be provided by the insurer under clause 37 (3) (except as provided by clause 37 (5) or (6)) accompanies the notice,

(e) a statement to the effect that the worker can request a review of the decision by the insurer,

(f) a statement to the effect that the matters that may be referred to the Commission or District Court are limited to matters specified as disputed in the notice, in a request for a further review of the decision or in a notice after a further review of the decision,

(g) advice as to the procedure for requesting a review of the decision,

(h) unless paragraph (i) applies, a statement to the effect that the worker can refer the dispute about the decision for determination by the Commission (in the case of a dispute about a matter other than a coal miner matter) or the District Court (in the case of a dispute about a coal miner matter),

(i) if the insurer has referred or proposes to refer the disputed discontinuation or reduction for determination by the Commission or District Court, a statement to that effect specifying the date of referral or proposed referral,

(j) a statement to the effect that the worker can seek advice or assistance from the worker’s trade union organisation, from a lawyer or from the WorkCover Claims Assistance Service,

(k) the street address and email address of the Registrar of the Commission or Registrar of the District Court, as appropriate.

(2) If:

(a) the notice referred to in section 54 of the 1987 Act relates to a reduction in the amount of weekly payments of compensation as a result of the application of section 40 of the 1987 Act, and

(b) the worker is not in receipt of earnings (or the compensation is otherwise calculated on the basis of the worker’s ability to earn after the injury, rather than on the worker’s actual earnings after the injury),

the notice must also include a statement of how the compensation (to be so reduced) has been calculated.