Queensland Consolidated Regulations

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WORKERS' COMPENSATION AND REHABILITATION REGULATION 2014 - REG 81

Payment of amount

81 Payment of amount

(1) If the amount (the
"agreed amount" ) agreed to by WorkCover and the non-scheme employer or, if there is no agreement, the amount (the
"decided amount" ) decided by the arbiter, for the calculation is more than the non-scheme employer’s liability amount—
(a) the amount the non-scheme employer must pay WorkCover for the non-scheme employer’s liability is the agreed amount or decided amount; and
(b) the non-scheme employer must pay WorkCover—
(i) the difference between the amount of the payment (the
"interim payment" ) made under section 72 and the agreed amount or decided amount for the non-scheme employer’s liability; and
(ii) interest on the difference, from the day the whole of the interim payment was paid, at the same risk free rate of return that was used in the calculation of the non-scheme employer’s liability amount.
(2) If the agreed amount or decided amount is less than the interim payment
(a) the amount the non-scheme employer must pay WorkCover for the non-scheme employer’s liability is the agreed amount or decided amount; and
(b) WorkCover must pay the non-scheme employer—
(i) the difference between the interim payment and the agreed amount or decided amount for the liability; and
(ii) interest on the difference, from the day the whole of the interim payment was paid, at the same risk free rate of return that was used in the calculation of an amount for the liability under subdivision 2 .
(3) WorkCover or the non-scheme employer must pay the amount of the difference within 28 days after—
(a) WorkCover and the non-scheme employer agree on the recalculation; or
(b) if there is no agreement, WorkCover or the non-scheme employer receives the statement of the arbiter’s decision about the recalculation.
(4) On payment of the amount—
(a) the non-scheme employer’s liability is finalised for section 105I (5) of the Act ; and
(b) no further amount is payable for the liability.



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