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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3505 ..

(b) fails to take part in or make a reasonable effort to take part in vocational rehabilitation or a return-to-work program; or

(c) fails to attend an assessment of the worker's employment prospects; or

(d) fails to undertake suitable alternative duties (if any) provided by the employer; or

(e) fails to take up an offer of suitable work for which the worker is qualified and that the worker can perform.

(2) A worker's entitlement to weekly compensation does not stop under this section until 1 week after the day, or latest day, the insurer gives written notice to the worker and to the Minister that the compensation will stop.

(3) The notice must be accompanied by a statement of the reasons for the entitlement stopping and the action that the insurer considers the worker must take to be entitled to the continuation, or resumption, of weekly compensation.

(4) The resumption of weekly compensation does not entitle the worker to weekly compensation for the period when the worker had no entitlement to weekly compensation.

10ZIA Unreasonableness in stopping payment

(1) This section applies if an insurer gives the worker and Minister notice under section 10ZI and stops the worker's weekly compensation.

(2) If the Minister considers that stopping the weekly compensation may have been unreasonable, the Minister may do either or both of the following:

(a) ask the insurer, in writing, for further information about the stoppage;

(b) direct the insurer, in writing, not to stop paying the weekly compensation, or to continue to pay the weekly compensation, for a stated time that is not longer than 1 month.

(3) If the Minister considers that stopping payment of the weekly compensation is unreasonable, the Minister may-

(a) tell the insurer so in writing; and

(b) direct the insurer, in writing, not to stop paying the weekly compensation, or to continue to pay the weekly compensation until the Minister otherwise directs or the claim is settled or decided.

(4) The insurer must not, without reasonable excuse, contravene a direction under this section.

Maximum penalty: 10 penalty units.

10ZJ Liability not affected (NSW WIMWCA s 58)

None of the following things done by an insurer or employer is an admission of liability by the employer or insurer under this Act or independently of this Act:

(a) anything done under or for an injury management program or personal injury plan;

(b) anything done in relation to the assessment of an injured worker for rehabilitation, retraining or employment or the provision or arrangement of services or other measures for the rehabilitation or suitable employment of injured workers (whether done under a return-to-work program or otherwise).

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