Victorian Consolidated Legislation

Accident Compensation (WorkCover Insurance) Act 1993 - SECT 22B

What happens if Authority refuses or fails to determine an application for a refund or fails to make a refund?

22B. What happens if Authority refuses or fails to determine an application
for a refund or fails to make a refund?



(1) This section applies if-

   (a)  an employer has lodged an application with the Authority in accordance
        with section 22A; and

   (b)  within the period of 4 months after the application was lodged, the
        Authority-

   (i)  by notice in writing to the employer refuses the application; or

   (ii) fails to determine the application; or

   (iii) determines that the employer is entitled to a refund but fails to
        make the refund.

(2) If this section applies, the employer may bring proceedings for the refund
or recovery of the premium within the period of 4 months commencing after-

   (a)  the day on which the period specified in subsection (1)(b) ends; or

   (b)  the day which is the date of the notice of refusal-

whichever first occurs.

(3) In this section-

premium has the same meaning as in section 22(3); proceedings includes-

   (a)  seeking the grant of any relief or remedy in the nature of certiorari,
        prohibition, mandamus or quo warranto, or the grant of a declaration
        of right or an injunction;

   (b)  seeking any order under the Administrative Law Act 1978.