Victorian Current Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 468

Determination of review

    (1)     The Authority must, after reviewing an application under section 462 determine that—

        (a)     the reviewable amount is confirmed; or

        (b)     the reviewable amount be adjusted as specified in the determination.

    (2)     The Authority, in making a determination under this section, may consider any relevant information.

    (3)     The Authority must—

        (a)     give notice to the employer of the determination made under this section; and

        (b)     in the notice, give the employer reasons for the determination.

    (4)     If the determination relates to a reviewable amount that is premium, the Authority is entitled to recover only the amount of any increased premium resulting from an adjustment under subsection (1) if the premium relates to one or more of the following—

        (a)     the premium period current at the date of the application for review under section 461;

        (b)     any of the 4 premium periods immediately preceding the premium period referred to in paragraph (a);

        (c)     any other premium period if the Authority reasonably believes that there is, or was, fraud on the part of the employer or of any person acting, or apparently acting, on the employer's behalf in relation to the calculation or payment of premium.

    (5)     If the determination under subsection (1) makes an adjustment to a reviewable amount that is premium that results in an employer recovering premium, the recovery is limited to—

        (a)     the premium period current at the date of the application for review under section 461; and

        (b)     any of the 4 completed premium periods before that period.



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