Victorian Consolidated Legislation

Accident Compensation Act 1985 - SECT 60

Revocation of directions of Conciliation Officer

60. Revocation of directions of Conciliation Officer



(1) A direction given by a Conciliation Officer under this Division may be
revoked by the Conciliation Officer or by any other Conciliation Officer.

(2) The County Court may, on the application of a person who is liable to make
payments of compensation in accordance with a direction of a Conciliation
Officer under this Division, revoke the direction.

(3) If a direction is revoked, the obligation to make payments of compensation
under the direction ceases.

(4) If the County Court subsequently determines that a person is not liable to
make the payments of compensation that have been paid in accordance with a
direction of a Conciliation Officer, the following provisions apply-

   (a)  the worker or other person who received those payments is not required
        to refund those payments unless the County Court otherwise orders
        under paragraph (b);

   (b)  if the County Court is satisfied that the claim for compensation was
        wholly or partly fraudulent or made without proper justification, it
        may order the worker or other person concerned to refund the whole or
        a specified part of those payments;

   (c)  the County Court may (instead of making an order for a refund) order
        any other person whom it determines was liable for the whole or any
        part of those payments to reimburse the person who made those
        payments.

(5) The Magistrates' Court may, on the application of a person to whom a
direction has been given under section 57(1)(ba), revoke the direction.