Queensland Consolidated Acts

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WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 325J

When law practice certificate must be given to insurer for claim for compensation

325J When law practice certificate must be given to insurer for claim for compensation

(1) Subsection (2) applies if—
(a) a law practice is retained by a claimant to act in relation to the claimant’s claim for compensation; and
(b) the claimant gives the law practice a payment direction about the payment of compensation for the claim.
(2) If the law practice gives a copy of the payment direction to the insurer—
(a) the payment direction must be accompanied by a law practice certificate completed by the supervising principal for the claim; and
(b) a copy of the certificate must be given to the claimant.
Penalty—
Maximum penalty—300 penalty units.
(3) Subsections (4) and (5) apply if—
(a) the insurer receives a payment direction from a claimant other than by receiving a copy from the law practice as mentioned in subsection (2) ; and
(b) the payment direction is not accompanied by a law practice certificate.
(4) The insurer must, as soon as practicable after receiving the payment direction, give the law practice a notice requesting a law practice certificate for the claim.
(5) The law practice must, within 7 days after receiving the notice given under subsection (4)
(a) give the insurer a law practice certificate completed by the supervising principal for the claim; and
(b) give a copy of the certificate to the claimant.
Penalty—
Maximum penalty—300 penalty units.
(6) Subsection (7) applies if—
(a) a law practice is retained by a claimant to act in relation to the claimant’s claim for compensation; and
(b) the claimant is paid an amount of compensation under a lump sum provision; and
(c) when the amount is paid, a law practice certificate has not previously been given to the insurer for the claim under this section.
(7) Unless the supervising principal has a reasonable excuse, the principal must, within 7 days after the amount is paid to the claimant—
(a) complete a law practice certificate for the claim; and
(b) give the certificate to the insurer and a copy of the certificate to the claimant.
Penalty—
Maximum penalty—300 penalty units.
(8) If the claimant is paid more than 1 amount of lump sum compensation for the claim, the supervising principal need only comply with subsection (7) in relation to the first amount of lump sum compensation paid.
(9) In this section—

"lump sum provision" means any of the following provisions—
(a) chapter 3 , part 3 , division 3 or 4 ;
(b) chapter 3 , part 9 , division 7 ;
(c) chapter 3 , part 10 ;
(d) chapter 3 , part 11 .

"payment direction" means a direction or authorisation given by a client of a law practice for the payment of compensation for the claimant’s claim to the trust account of the law practice.



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