Queensland Consolidated Acts

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WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 540

Application of pt 2

540 Application of pt 2

(1) This part applies to the following—
(a) a decision by WorkCover—
(i) not to give an exemption from insuring under this Act under section 49 ; or
(ii) to set the premium payable under a policy under section 54 ; or
(iii) to issue a reassessment premium notice under section 56 ; or
(iv) to refuse to waive or reduce a penalty under section 57 , 66 , 109A or 229 ; or
(v) to refuse to reassess a default assessment under section 58 ; or
(vi) to refuse to waive or reduce additional premium under section 64 ; or
(vii) to waive or not to waive section 131 (1) or (2) ; or
(viii) to allow or reject an application for compensation; or
(viiia) to allow or reject an application under section 132A or 132B ; or
(ix) to terminate or suspend payment of compensation; or
(ixa) to increase or decrease a weekly payment of compensation under chapter 3 ; or
(x) to refuse to vary an entitlement under section 171 , 172 or 173 ; or
(xi) to apportion compensation under chapter 3 , part 11 ; or
(xii) to allow or refuse an entitlement under section 212 , 216 or 219 ; or
(xiia) under section 232M , that a worker is not entitled to treatment, care and support payments; or
(xiiaa) to refuse a worker’s entitlement to be referred to an accredited rehabilitation and return to work program of WorkCover under section 220 (3); or
(xiiab) that a worker is no longer entitled to participate in an accredited rehabilitation and return to work program of WorkCover under section 220 (4); or
(xiib) to refuse a service request, or approve a service request on conditions, under section 232P; or
(xiic) to refuse a payment request under section 232R; or
(xiid) that, under section 232S , WorkCover is not satisfied that a worker’s serious personal injury is likely to continue to meet the chapter 4A eligibility criteria for the injury after the interim period ends; or
(xiie) that, under section 232S, a worker’s entitlement to treatment, care and support payments ends before the end of the interim period; or
(xiif) not to accept liability to make treatment, care and support payments under section 232ZD ; or
(xiig) to amend approved services for an eligible worker under section 232ZG ; or
(xiih) to suspend, under section 232ZH , a worker’s entitlement to treatment, care and support payments for all or part of a period the worker is absent from Australia; or
(xiii) for section 239A (4) that a claimant has or has not sustained an injury; or
(xiv) to refuse an examination application under section 325C ;
(b) a decision by a self-insurer—
(i) to waive or not to waive section 131 (1) or (2) ; or
(ii) to allow or reject an application for compensation; or
(iia) to allow or reject an application under section 132A or 132B ; or
(iii) to terminate or suspend payment of compensation; or
(iiia) to increase or decrease a weekly payment of compensation under chapter 3 ; or
(iv) to refuse to vary an entitlement under section 171 , 172 or 173 ; or
(v) to apportion compensation under chapter 3 , part 11 ; or
(vi) to allow or refuse an entitlement under section 212 , 216 or 219 ; or
(via) under section 232M , that a worker is not entitled to treatment, care and support payments; or
(viaa) to refuse a worker’s entitlement to be referred to an accredited rehabilitation and return to work program of the self-insurer under section 220 (3); or
(viab) that a worker is no longer entitled to participate in an accredited rehabilitation and return to work program of the self-insurer under section 220 (4); or
(vib) to refuse a service request, or approve a service request on conditions, under section 232P; or
(vic) to refuse a payment request under section 232R; or
(vid) that, under section 232S , the self-insurer is not satisfied that a worker’s serious personal injury is likely to continue to meet the chapter 4A eligibility criteria for the injury after the interim period ends; or
(vie) that, under section 232S, a worker’s entitlement to treatment, care and support payments ends before the end of the interim period; or
(vif) not to accept liability to make treatment, care and support payments under section 232ZD ; or
(vig) to amend approved services for an eligible worker under section 232ZG ; or
(vih) to suspend, under section 232ZH , a worker’s entitlement to treatment, care and support payments for all or part of a period the worker is absent from Australia; or
(vii) for section 239A (4) that a claimant has or has not sustained an injury; or
(viii) to refuse an examination application under section 325C ;
(c) a failure by WorkCover or a self-insurer to make a decision—
(i) on an application under section 132A , 132B or 134 within the time stated in the section; or
(ia) under section 232M (4) , on request from a worker, within the time stated in section 232M (3) ; or
(ib) under section 232P (3) within the time stated in the section; or
(ic) on a payment request within the time stated in section 232R (1) ; or
(id) on a review under section 232S within the time stated in the section; or
(ie) under section 232ZD (5) within the time stated in the section; or
(ii) for section 239A (4) within the time stated in section 239A (5) ; or
(iii) under section 325C (1) within the period stated in the section.
(2) WorkCover or the self-insurer (the
"decision-maker" ) must give written reasons for the decision or for the failure to make a decision.
(3) The decision-maker need not give reasons for a decision mentioned in subsection (1) (a) (ii) or (iii) .
(4) The reasons for the decision must—
(a) address the matters prescribed by regulation; and
(b) be accompanied by information about the rights of review under this Act for the decision.
(5) The decision or the failure to make a decision may be reviewed only by the Regulator.



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