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WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 97
Revocation of directions of conciliator
97 Revocation of directions of conciliator
(cf former s 106)
(1) A direction given by a conciliator under this Division
may be revoked by the conciliator or by any other conciliator.
(2) The
Compensation Court may, on the application of a person who is liable to make
weekly payments in accordance with a direction of a conciliator under this
Division, revoke the direction.
(3) The applicant must serve a copy of the
application on the Principal Conciliator within 7 days (or such other period
as the rules of the Compensation Court may specify) after the application is
made. The Compensation Court must not hear or determine the application until
a copy of the application has been served on the Principal Conciliator.
(4)
If a direction is revoked, the obligation to make weekly payments under the
direction ceases.
(5) If the Compensation Court subsequently determines that
a person is not liable under this Act to make the weekly payments of
compensation that have been paid in accordance with a direction of a
conciliator, the following provisions apply-- (a) the worker or other person
who received those payments is not required to refund those payments unless
the Court otherwise orders under paragraph (b),
(b) if the 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
Court may order that the Insurance Fund bear the liability for the refund of
the whole or a specified part of those payments (unless it makes an order
under paragraph (b) for a refund),
(d) the 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,
(e) those payments are to be excluded from any determination of the
claims experience of the employer for the purposes of calculating the premium
payable by the employer for a policy of insurance.
(6) This section does not
affect the recovery of weekly payments under section 58 of the 1987 Act.
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