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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.