WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 39

This legislation has been repealed.

WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 39

39—Economic adjustments to weekly payments

        (1)         Where a worker to whom weekly payments are payable is incapacitated for work or appears likely to be incapacitated for work for more than one year, the Corporation shall, during the course of each year of incapacity, review the weekly payments for the purpose of making an adjustment to the amount of those payments under this section.

        (1a)         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 representations to the Corporation on the subject of the review within a reasonable time specified in the notice.

        (2)         An adjustment under this section—

            (a)         must be based on—

                  (i)         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; or

                  (ii)         if the worker applies, in a designated manner and a designated form, for the adjustment to be made on the basis of changes in rates of remuneration prescribed by an award or enterprise agreement payable to a group of workers of which the worker was a member at the time of the occurrence of the injury—changes in those rates of remuneration; and

            (b)         operates—

                  (i)         in the case of an adjustment under paragraph (a)(i)

—from the end of the year of incapacity in which the review is made;

                  (ii)         in the case of an adjustment under paragraph (a)(ii)

—from the Corporation's decision on the application, back-dated to the date of the relevant changes in rates of remuneration.

        (3)         Where the Corporation makes an adjustment to weekly payments in pursuance of this section, the Corporation shall give notice in writing, in a designated form, to the worker—

            (a)         containing such information as the regulations may require as to the grounds on which the adjustment is being made; and

            (b)         informing the worker of the worker's rights to have the Corporation's decision reviewed.