New South Wales Repealed Regulations New South Wales Repealed RegulationsThis legislation has been repealed.
(1) The notice given to a claimant under section 74 of the 1998 Act must:(a) include a statement of the particulars that support the reason for the decision, including the required details for each report (if any) on which the insurer relies to support that reason, and(b) include a statement advising that the claimant may request a copy of a report specified in the statement of particulars from the insurer, and(c) include a statement advising that the claimant may request the insurer to review the decision, and advising of the procedure for making such a request, and(d) include a statement to the effect that:(i) in the case of a dispute about a claim that is an existing claim within the meaning of Chapter 7 of the 1998 Act, the claimant may apply to the Compensation Court for determination of the dispute, or(ii) in the case of a dispute about a claim that is a new claim within the meaning of Chapter 7 of the 1998 Act, the claimant may refer the dispute to the Registrar for determination by the Commission, and(e) include the address and fax number for the registrar of the Court or the Registrar of the Commission, as appropriate.Note: Section 74 of the 1998 Act also requires the notice to include a statement of the reason the insurer disputes liability.
(2) A person who fails to comply with section 74 of the 1998 Act in respect of a claim for compensation is guilty of an offence.Maximum penalty: 20 penalty units.
(3) It is a defence to a prosecution for an offence of failing to comply with section 74 (2B) of the 1998 Act if it is established that the notice complied with guidelines issued by the Authority as to how the notice concerned was to be expressed.
(4) In this clause:
"required details", in relation to a report, means the subject matter of the report, the name and relevant professional qualifications of the person who wrote the report and the date of the report.