RETURN TO WORK ACT 2014 - SECT 46
RETURN TO WORK ACT 2014 - SECT 46
46—Review of weekly payments
(1) Subject to
subsection (3), the Corporation may, on its own initiative and must if
requested by a worker or an employer, review the amount of the weekly payments
made to a worker who has suffered a work injury.
(2) A request by a
worker or employer must be made in a designated manner and a designated form.
(3) The Corporation is
not required to comply with a request for a review under subsection (1)
if the request is made within 3 months from the completion of an earlier
review.
(4) Before the
Corporation begins a review under this section, the Corporation must give the
worker notice, in a designated form—
(a)
informing the worker of the proposed review; and
(b)
inviting the worker to make written representation to the Corporation on the
subject of the review within a reasonable time specified in the notice.
(5) If the Corporation
finds on a review under this section that the worker's entitlement to weekly
payments has ceased, or has increased or decreased, the Corporation must
adjust or discontinue the weekly payments to reflect that finding.
Example—
For example, if the Corporation finds on the review that there has been a
change in the extent of the worker's incapacity with a consequent change in
the amount the worker is earning or could earn in suitable employment, the
Corporation must adjust the weekly payments to reflect the change in
entitlement.
(6) For the purposes
of a review under this section, the Corporation may, by notice in writing to a
worker, who is receiving weekly payments—
(a)
require the worker to submit to an examination by a recognised health
practitioner nominated by the Corporation; or
(b)
require the worker to furnish evidence of the worker's earnings.
(7) If a worker fails
to comply with a requirement under subsection (6) within the time allowed
in the notice, the Corporation may suspend weekly payments to the worker.
(8) On completing the
review, the Corporation must give notice, in a designated form, setting out
the Corporation's decision on the review, and the rights of review that exist
in respect of the decision, to—
(a) the
worker; and
(b) the
employer from whose employment the work injury arose.
(9) This section does
not limit the powers of the Corporation under any other section of this Act.