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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 (NO. 67 OF 2013) - SECT 565

Power to restrict or ban recovery of costs by agents who engage in prohibited conduct

    (1)     The Authority may by notification given to the agent who is the subject of the relevant notification and self-insurers direct that an agent specified in the notification is not entitled to recover any fees, costs or other charges in connection with any claims or in connection with a class of claims specified in the notification, or is not so entitled unless specified conditions have been complied with.

    (2)     Such a notification cannot be given unless the Authority is satisfied that—

        (a)     the agent has persistently engaged in conduct that constitutes or may constitute a contravention of section 561; or

        (b)     in the case of an agent that is a corporation, a director of the corporation or other person concerned in the management of the corporation has persistently engaged in any such conduct.

    (3)     Before the Authority gives such a notification, it must give the agent a reasonable opportunity to make written submissions to the Authority on the matter.

    (4)     The effect of a notification under this section is that the agent specified in the notification is not entitled to recover fees, costs or other charges (as provided by the notification) in respect of services performed while the notification is in force.

    (5)     An agent whose interests are affected by a notification under this section may apply to VCAT for review of the decision to give the notification.

    (6)     A notification remains in force until it is withdrawn and may be withdrawn at any time by the Authority by giving notice of withdrawal in writing to self-insurers and to the agent to whom it applies.



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