Victorian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 (NO. 67 OF 2013) - SECT 568

Suspension of payments for services

    (1)     If the Authority reasonably suspects that a person who provides a professional service has committed a relevant offence, the Authority may, subject to section 572, by notice in writing given to the person, determine that the payment of costs for a professional service provided by that person is suspended.

    (2)     If the Authority makes a determination under subsection (1), the Authority must give a copy of the notice to each self-insurer.

    (3)     A determination under subsection (1) has the effect that the costs of professional services provided by the person to whom the determination relates are not payable by the Authority or a self-insurer during the period of suspension, being the period beginning when the notice under subsection (1) is given and ending—

        (a)     if the person is charged with an offence within 6 months after the notice is given—

              (i)     when the court discharges the person or finds that the person is not guilty or finds the person guilty (whether or not a conviction is recorded); or

              (ii)     the prosecution is discontinued;

        (b)     in any other case—

              (i)     when the Authority determines that it will not bring proceedings against the person for the suspected offence; or

              (ii)     on the expiration of the period of 6 months after the notice is given—

whichever first occurs.

    (4)     If a person to whom a determination under subsection (1) applies is convicted or found guilty by a court of a relevant offence, the court may, on its own motion or on the application of the Authority, make one or more of the following orders—

        (a)     an order that the costs of any professional service, or any professional service specified in the order, provided by the person during the period of suspension are not payable;

        (b)     an order that the person is a person for the costs of whose professional services the Authority is not liable to pay as compensation under this Act during a period specified in the order;

        (c)     if the Authority approved the person as a person who provides a professional service, any one or more of the following—

              (i)     an order directing the Authority to revoke its approval of the person as a person who provides a professional service;

              (ii)     an order specifying a period within which the person is precluded from making application for approval as a person who provides a professional service.

    (5)     If the Authority gives a notice under this section to a person whose conduct is regulated by a professional body, the Authority must give notice in writing to the professional body of the suspension and the grounds on which the payment of costs is suspended.

    (6)     If the Authority gives a notice under this section to a person who is a practitioner within the meaning of Part VAA of the Health Insurance Act 1973 of the Commonwealth, the Authority must give notice in writing to Medicare Australia of the suspension and the grounds on which the payment of costs is suspended.

    (7)     In this section, "relevant offence" means—

        (a)     an offence against this Act, the Accident Compensation Act 1985 or the Workers Compensation Act 1958 ; or

        (b)     an offence against the Crimes Act 1958 that occurs in connection with a claim for compensation under this Act, the Accident Compensation Act 1985 or the Workers Compensation Act 1958 .



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback