• Specific Year
    Any

WORKERS REHABILITATION AND COMPENSATION ACT 1988 - SECT 92 Interest payable where delay in paying over certain compensation money

WORKERS REHABILITATION AND COMPENSATION ACT 1988 - SECT 92

Interest payable where delay in paying over certain compensation money

(1)  Where a person to whom money is payable under section 91 (1) or the Public Trustee considers that there has been unnecessary delay on the part of an employer in paying to that person or the Public Trustee, as required by section 91 (1) or (2) , any compensation referred to in that section, the person entitled or the Public Trustee may refer the matter to the Tribunal.
(2)  Where, after hearing the matter referred to it under subsection (1) , the Tribunal is satisfied that there has been unreasonable or unnecessary delay on the part of an employer to whom the matter relates in paying to the person entitled or the Public Trustee any compensation referred to in section 91 and that neither the person entitled nor the Public Trustee has contributed to that delay, the Tribunal shall determine that the employer shall pay interest on the amount of the compensation –
(a) for such period as the Tribunal is satisfied is the period of unreasonable or unnecessary delay in making the payment; and
(b) at a rate equal to the Commonwealth long term bond rate plus 50% of that rate.
(3)  .  .  .  .  .  .  .  .  
(4)  Where an employer is required by a determination under subsection (2) to pay interest on the amount of any compensation, that interest shall be deemed to be compensation payable pursuant to the determination.
(5)  For the purposes of subsection (2) (b) , Commonwealth long term bond rate means the estimated closing yield at the end of the month, immediately preceding the date on which the Tribunal's determination under subsection (2) was made, for the 10 year bond rate as published by the Reserve Bank of Australia.