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WORKERS COMPENSATION REGULATION 2003 - REG 162 Review of PDAs by Authority

This legislation has been repealed.

WORKERS COMPENSATION REGULATION 2003 - REG 162

Review of PDAs by Authority

162 Review of PDAs by Authority

(1) The Authority may at any time review the performance and operations of a PDA, or of any member of the PDA, in accordance with the Premium Discount Guidelines.
(2) For the purpose of conducting a review under this clause, the Authority may make such inquiries and undertake such investigations as it thinks fit.
(3) The Authority may take action at any time under subclause (4) if it determines that:
(a) the PDA or a member of the PDA has failed to comply with this Part, the Premium Discount Guidelines, the Code of Conduct for PDAs, the performance agreement signed by the PDA or with any direction given by the Authority under clause 191, or
(b) the PDA has become bankrupt, applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounded with its creditors or made an assignment of its remuneration for their benefit, or
(c) the PDA has entered into administration (whether voluntary or involuntary) or has been wound up, or
(d) the PDA has not been engaged by an employer during the three years preceding the commencement of a review by the Authority, or
(e) a Principal of the PDA ceases to be a member of the PDA, being a person who, in the opinion of the Authority, was integral to the performance or operations of the PDA.
(4) The Authority may take any one or more of the following actions:
(a) disallow or adjust the PDA Rating of the PDA by notice in writing,
(b) disallow or adjust the entitlement to a premium discount of an employer by whom the PDA is engaged by notice in writing,
(c) suspend or cancel the approval of a PDA by notice in writing.
(5) Before taking action under subclause (4), the Authority may give an employer by whom the PDA concerned is engaged an opportunity to make oral or written submissions to the Authority about the matter.
(6) An action referred to in subclause (4) takes effect 14 days after notice of the action is given to the PDA.
(7) The actions that the Authority may take under subclause (4) are in addition to any other powers of the Authority.
Note: For example, the Authority may also issue directions to a PDA or impose or vary conditions of an approval of a PDA.