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WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 99D

This legislation has been repealed.

WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 99D

99D—Functions

        (1)         The WorkCover Ombudsman has the following functions:

            (a)         to identify and review issues arising out of the operation or administration of this Act, and to make recommendations for improving the operation or administration of this Act, especially so as to improve processes that affect workers who have suffered a compensable injury or employers;

            (b)         to receive and investigate complaints about administrative acts under this Act, and to seek to resolve those complaints expeditiously, including by making recommendations to relevant parties;

            (c)         without limiting paragraphs (a)



and (b)





                  (i)         to receive and investigate complaints about failures to comply with section 58B



or  58C



and to give directions to the Corporation or any relevant employer in connection with the operation or requirements of either section;

                  (ii)         to investigate other matters relating to providing for the effective rehabilitation of injured workers and their return to work on a successful basis;

            (d)         to encourage and assist the Corporation and employers to establish their own complaint-handling processes and procedures with a view to improving the effectiveness of this Act;

            (e)         to initiate or support other activities or projects relating to the workers rehabilitation and compensation scheme established by this Act;

            (f)         to provide other assistance or advice to support the fair and effective operation or administration of this Act.

        (2)         The WorkCover Ombudsman may act under subsection (1)



on his or her own initiative, at the request of the Minister, or on the receipt of a complaint by an interested person.

        (3)         However, the WorkCover Ombudsman—

            (a)         may not investigate an act where the relevant matter—

                  (i)         is, or is capable of being, the subject of proceedings under Part 5



, 6



, 6A



, 6B



or 6C; or

                  (ii)         is the subject of any legal proceedings; and

            (b)         may not investigate an act in the nature of an industrial dispute under the Fair Work Act 1994



.

        (4)         The WorkCover Ombudsman must establish a scheme for receiving and dealing with complaints for the purposes of subsection (1)



.

        (5)         The WorkCover Ombudsman may refuse to entertain a complaint, or, having commenced to consider a matter raised in a complaint, may refuse to continue if of the opinion—

            (a)         that the matter raised in the complaint is trivial; or

            (b)         that the complaint is frivolous or vexatious or is not made in good faith; or

            (c)         that the complainant or the person on whose behalf the complaint was made has not a sufficient personal interest in the matter raised in the complaint; or

            (d)         that the complainant has failed, without good reason, to take reasonable steps to resolve the matter through another established complaint-handling process; or

            (e)         that having regard to all the circumstances of the case, the investigation or the continuance of the investigation of the matter raised in the complaint is unnecessary or unjustifiable; or

            (f)         that the matter raised in the complaint should be dealt with under another Act or by another person or body; or

            (g)         that there is some other reasonable cause that justifies the discontinuance of proceedings under this Part.

        (6)         The WorkCover Ombudsman may, at any time, decide to attempt to deal with a complaint by conciliation (and, in doing so, may act personally or through some other person).

        (7)         In this section—

"act" includes—

            (a)         an omission;

            (b)         a decision, proposal or recommendation,

and the circumstances surrounding an act.