WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 41

This legislation has been repealed.

WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 41

41—Absence of worker from Australia

        (1)         Where a worker who has suffered a compensable injury and who is receiving weekly payments is to be absent from Australia for a period in excess of 28 days, the worker shall, at least 28 days before leaving Australia, give the Corporation prescribed details of the proposed absence.

        (2)         Where the Corporation is of the opinion that the absence may impair the prospects of the worker's rehabilitation, it may, after giving the worker at least 14 days notice, in a designated form, of its intention to do so, suspend or reduce the weekly payments to the worker.

        (3)         The Corporation may suspend weekly payments that are being made to a worker who is absent from Australia—

            (a)         if the Corporation cannot obtain, to its satisfaction, information relating to—

                  (i)         the whereabouts of the worker;

                  (ii)         the continuance of the worker's injury or incapacity for work;

                  (iii)         the earning capacity of the worker; or

            (b)         if there is, in the opinion of the Corporation, some other proper reason justifying suspension of the weekly payments.

        (4)         If an injured worker leaves Australia without giving the notice required under subsection (1)

, the Corporation may suspend weekly payments to the worker.