Page 5944 - Week 18 - Wednesday, 11 December 1991

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Clause agreed to.

Remainder of Bill, by leave, taken as a whole

MR STEFANIAK (5.11): All my amendments really relate to the one point; so we could take them all together in the remainder of the Bill. They are the only other amendments to the rest of this Bill, and I seek leave to move them together.

Leave granted.

MR STEFANIAK: I move:

1. Clause 20, page 20, lines 31 and 32, omit "heading and sections", substitute "sections and heading".

2. Clause 20, proposed new section 26A, page 20, line 32, before the proposed new Part heading, insert the following section:

Termination and reduction of non-arbitrated weekly compensation

"26A. (1) Where -

(a) an employer makes non-arbitrated weekly payments to a worker for a continuous period of not less than 12 weeks; and

(b) the worker has given the employer an appropriate medical certificate;

the employer shall not terminate or reduce the payments except after the expiration of the defined period commencing on the day on which the employer gives notice of the termination or reduction to the worker in the form set out in Schedule 5.

Penalty: $5,000.

(2) Where -

(a) subsection (1) applies; and

(b) the relevant non-arbitrated weekly payments are terminated or reduced otherwise than in accordance with that subsection;

the employer shall, subject to subsection (3), pay to the worker, whether or not the employer has been convicted of an offence under subsection (1) in relation to the termination or reduction, compensation -

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