Victorian Numbered Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 (NO. 67 OF 2013) - SECT 564

Legal practitioner and agents can be requested to certify as to prohibited conduct

    (1)     If the Authority, employer or self-insurer is liable to pay a legal practitioner or agent any fees, costs or other charges incurred in connection with a protected claim made by a person, the Authority, employer or self-insurer is entitled to request (in writing) the legal practitioner or agent to provide a certificate under this section about the claim (unless the legal practitioner or agent has already provided it).

    (2)     A certificate under this section is a certificate that to the best of the legal practitioner's or agent's knowledge, no agent has engaged in prohibited conduct that involved encouraging that person to make the claim or any previous claim, except as may be disclosed in the certificate.
s. 564

    (3)     If a certificate is requested—

        (a)     the legal practitioner or agent is not entitled to be paid by or recover from the Authority, employer or self-insurer any fees, costs or other charges incurred in connection with the claim concerned until the certificate is provided (even if the fees, costs or other charges are payable under an award or order of a court); and

        (b)     no interest that might otherwise be payable on those fees, costs or other charges is payable for the period from when the certificate is requested until it is provided (despite any order or award of a court for the payment of that interest).

    (4)     A legal practitioner or agent can provide the Authority, employer or self-insurer with a certificate under this section even if the Authority or self-insurer has not requested it.

    (5)     A legal practitioner or agent who gives a certificate under this section about a claim made by a person is guilty of an offence if the legal practitioner or agent

        (a)     knew or had reasonable cause to suspect that an agent had engaged in prohibited conduct that involved encouraging the person to make the claim; and

        (b)     did not disclose that fact in the certificate.

Penalty:     In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.



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