RETURN TO WORK ACT 2014 - SECT 60
RETURN TO WORK ACT 2014 - SECT 60
60—Review of weekly payments
(1) The Corporation
may on its own initiative and must if requested by an employer or the person
to whom weekly payments are payable, review the amount of weekly payments
payable to any person under this Division.
(2) A request for a
review of the amount of weekly payments payable under this Division may not be
made within 6 months from the completion of an earlier review.
(3) The amount of the
weekly payments payable under this Division must be reviewed at least once in
each year.
(4) On a review under
this section the Corporation must make any adjustments to the amount of weekly
payments—
(a) to
reflect changes in the income from employment or earning capacity of the
person to whom the weekly payments are payable and any other relevant changes
in the circumstances of that person but in any event not so as to take into
account income derived from the investment of a lump sum paid to the person
under this Division; and
(b) if
the review is an annual review conducted under subsection (3)—to
reflect changes in the rates of remuneration payable to workers generally or
to workers engaged in the kind of employment from which the worker's injury
arose.
(5) For the purposes
of a review under this section, the Corporation may, by notice in writing to a
person who is receiving weekly payments under this Division, require that
person to produce evidence to the satisfaction of the Corporation of—
(a)
income from employment;
(b)
earning capacity;
(c) any
other circumstances that are relevant to the payment, or the amount, of weekly
benefits.
(6) If a person fails
to comply with a requirement under subsection (5) within the time allowed
in the notice, the Corporation may suspend weekly payments to that person.
(7) If the Corporation
proposes the reduction of weekly payments to a person on a review under this
section the Corporation must, at least 21 days before the proposal is to
take effect, give notice in writing to the person—
(a)
containing such information as the regulations may require as to the grounds
on which weekly payments are to be reduced; and
(b)
informing the person of the person's rights to have the Corporation's decision
reviewed.