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WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 101
Restrictions on commencing court proceedings about weekly payments
101 Restrictions on commencing court proceedings about weekly payments
(cf former s 106FB)
(1) A worker cannot commence court proceedings in respect
of weekly payments of compensation unless a dispute about liability to
commence or to continue to make weekly payments of compensation to the worker
has been referred for conciliation under Division 3 and either-- (a) the
conciliator has issued a conciliation certificate that indicates that
conciliation was wholly or partially unsuccessful, or
(b) the conciliator has
given a notification under section 95 (4) in respect of the dispute, or
(c) a
period of 35 days (or such other period as may be prescribed by the
regulations) has elapsed after the dispute was referred for conciliation,
whichever happens first.
(2) Further, if the conciliator has issued a
conciliation certificate indicating that conciliation was successful, the
worker cannot commence court proceedings as referred to in subsection (1)
unless a dispute about the liability has subsequently been referred for
conciliation under Division 3 and either-- (a) the conciliator has issued a
further conciliation certificate, or
(b) the conciliator has given a
notification under section 95 (4) in respect of the dispute, or
(c) a period
of 21 days (or such other period as may be prescribed by the regulations) has
elapsed after the dispute was subsequently referred for conciliation,
whichever happens first.
(3) A worker cannot refer a dispute about liability
to commence or to continue to make weekly payments of compensation to the
worker for conciliation under Division 3 until-- (a) the person on whom the
claim is made has disputed liability to make the payments, or
(b) the time
within which the person on whom the claim is made is required under section 93
to commence those payments (including any extension under section 93 (3)) has
elapsed without the person commencing to make those payments (or the balance
of the weekly payments in dispute),
whichever happens first. Note--:
Section 93 allows up to 42 days for the commencement of weekly payments of
compensation.
(4) A worker cannot commence court proceedings in respect of
related compensation until this section allows the commencement of proceedings
in respect of the weekly payments of compensation concerned.
"Related compensation" is compensation under Division 3 of Part 3 of
the 1987 Act that relates to the incapacity for work to which the
weekly payments of compensation relate.
(5) This section does not prevent the
commencement of court proceedings in any of the following circumstances-- (a)
if the proceedings concern an application for a determination under section 53
of the 1987 Act,
(b) if the proceedings concern weekly payments of
compensation that are the subject of an award already made by the
Compensation Court,
(c) if the proceedings concern weekly payments of
compensation in respect of an injury received before the commencement of
the 1987 Act,
(d) any circumstances prescribed by the regulations.
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