AustLII Tasmanian Consolidated Acts

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WORKERS REHABILITATION AND COMPENSATION ACT 1988 - SECT 39

39. Settlement of claims for compensation by agreement

      (1) Subject to subsection (2) and section 89, a claim for compensation may be settled by agreement between the parties.

      (2) A claim for compensation may not be settled by agreement unless –

(a) the injury in respect of which the claim is made is stable and stationary; and

(b) 12 months has elapsed since the date the claim was lodged.

      (3) A worker, the employer of the worker or the licensed insurer of the employer may, within 3 months of the date of the agreement, refer the agreement to the Tribunal for review.

      (4) A referral of an agreement to the Tribunal for review is to be in a form approved by the Tribunal.

      (5) The Tribunal may set aside an agreement if of the opinion that –

(a) the agreement is inequitable; or

(b) a party was forced to enter the agreement against his or her will or without the legal capacity to do so; or

(c) for any other reason, the agreement should be set aside.

      (6) If the Tribunal sets aside an agreement –

(a) the Tribunal is not to make any order as to the amount of the settlement; and

(b) the Tribunal may make any order it considers appropriate in respect of the repayment of any money paid under the agreement; and

(c) the parties may enter another agreement for the settlement of the claim.



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