WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 91
This legislation has been repealed.
WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 91
(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
.