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WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 72M

This legislation has been repealed.

WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 72M

72M—Review

        (1)         If an employer considers that a decision of the Corporation as to—

            (a)         the estimate of remuneration that is to be used for the calculation of a statutory payment; or

            (b)         the fixing or assessment of a statutory payment; or

            (c)         the imposition of penalty interest or a fine; or

            (d)         the imposition or variation of a condition of a kind that may lead to the remission or imposition of a supplementary payment,

is unreasonable, the board must, on application by the employer, review the decision.

        (2)         An application for review does not suspend a liability to pay a statutory payment, penalty interest or a fine.

        (3)         The review will be conducted, in accordance with procedures determined by the board, by the board itself, or by a committee or person to whom the board has delegated its powers of review under this section, and the board has an absolute discretion as to whether it will permit the employer or a representative of the employer to be heard orally on the review.

        (4)         On review, the board may—

            (a)         alter an estimate of remuneration;

            (b)         alter a statutory payment or an assessment;

            (c)         quash or reduce penalty interest or a fine;

            (d)         direct the repayment of amounts overpaid;

            (e)         quash or vary a condition imposed by the Corporation.

        (5)         An application under this section for review of a decision of the Corporation

            (a)         must, if the decision relates to a class of employers, be made within 4 months after notice of the decision was given; or

            (b)         must, if the decision relates to an individual employer, be made within 2 months after the employer was given notice of the decision,

unless the board (or its delegate) allows an extension of time for making the application.