RETURN TO WORK ACT 2014 - SECT 54
RETURN TO WORK ACT 2014 - SECT 54
54—Redemptions—liabilities associated with medical services
(1) In this
section—
"designated liability" means—
(a) a
liability to make payments under section 33 in relation to a work injury
suffered by a worker; and
(b) in
association with a liability under paragraph (a) (if relevant), a
liability to make weekly payments under section 40.
(3) A
designated liability may, by agreement between the worker and the Corporation,
be redeemed by a capital payment to the worker.
(4) An agreement for
the redemption of a liability under this section cannot be made unless—
(a) the
worker has received competent professional advice about the consequences of
redemption; and
(b) the
worker has received advice from a recognised health practitioner about the
future medical services (and, if relevant, therapeutic appliances and other
forms of assistance related to his or her future health) that the worker will
or is likely to require on account of the work injury and any related surgery,
treatment or condition.
(5) The amount of the
redemption payment is to be fixed by the agreement.
(6) If the Corporation
notifies a worker in writing that it is prepared to enter into negotiations
for the redemption of a liability by agreement under this section, the
Corporation is liable to indemnify the worker for reasonable costs of
obtaining the advice required under this section up to a limit prescribed by
regulation.
(7) The following
decisions are not reviewable:
(a) a
decision of the Corporation not to agree to a redemption under this section;
(b) a
decision on the amount of a redemption.