Victorian Current Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 566

Power to restrict or ban agents who engage in prohibited conduct

    (1)     The Authority may by direction in writing given to an agent prohibit either absolutely or in specified circumstances the agent from acting for any person in connection with any claims or in connection with specified types of claims.

    (2)     Such a direction must not be given unless—

        (a)     the Authority is satisfied that the agent concerned has persistently engaged in conduct that the Authority reasonably believes to be prohibited conduct and, as a result, is not a fit and proper person to act in connection with claims to which the direction relates; and

        (b)     the Authority has given the agent a reasonable opportunity to make a written submission to the Authority on the matter.

    (3)     An agent must not knowingly act in contravention of a direction given under this section.

Penalty:     In the case of a natural person, 120 penalty units;

In the case of a body corporate, 600 penalty units.

    (4)     An agent who acts in contravention of a direction given under this section is not entitled to recover any fees, costs or other charges from a person for anything done by the agent in contravention of the direction.

    (5)     A person aggrieved by a direction under this section may apply to VCAT for review of the decision to give the direction.

    (6)     A direction remains in force until it is withdrawn and may be withdrawn at any time by the Authority by giving written notice of withdrawal to the agent concerned.



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