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WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 91

This legislation has been repealed.

WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 91

91—Initial reconsideration

        (1)         The relevant compensating authority must, on receiving a copy of a notice of dispute under this Part—

            (a)         assign a suitable person to reconsider the disputed decision; and

            (b)         have the decision reconsidered in the light of the matters set out in the notice of dispute.

        (2)         A person assigned to reconsider the disputed decision—

            (a)         may (but need not be) an officer of the relevant compensating authority but must not be the person who made the disputed decision; and

            (b)         must be a person who has been nominated to the Registrar in accordance with the regulations as a person who may be assigned to reconsider disputed decisions under this Division.

        (3)         On completion of the reconsideration, the relevant compensating authority must confirm or vary the disputed decision to conform with the result of the reconsideration and give the Registrar a written notice stating—

            (a)         the result of the reconsideration; and

            (b)         whether the compensating authority has confirmed or varied the decision as a result of the reconsideration and, if the decision has been varied, how the decision has been varied.

        (4)         If the disputed decision is varied, the written notice must also be given to the other parties to the dispute.

        (5)         The relevant compensating authority must complete the reconsideration and give the notice or notices stating the result of the reconsideration within 7 days after receiving the notice of dispute or a longer time allowed by the Registrar on the authority's application.

Maximum penalty: $5 000.

        (6)         The variation of a decision under this section is not to be regarded as a redetermination of a claim 1 .

        (7)         A decision on a claim by the Tribunal itself, made in the exercise of the Tribunal's special jurisdiction to expedite decisions on claims 2 , is not liable to reconsideration under this section; if such a decision is disputed, the Registrar must immediately refer the dispute for conciliation.

Notes—

1         See section 53(7)



and (7a)



.

2         See section 97B



.