Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .
Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3509 ..
(3) If an employer has received an amount of compensation under this Act from an insurer, the employer must immediately pay the amount to the person entitled to the compensation.
Maximum penalty: 50 penalty units.
(4) This section does not apply to an employer who is a self-insurer.
(5) A person does not commit an offence by contravening this section if there was a reasonable excuse for the contravention.
Part 6.2 Time for accepting or rejecting claims
12 Meaning of given to the insurer
For this part, a claim is given to the insurer if the claim is given to the insurer or the insurer is given notice of the claim by the employer or worker.12A Claim accepted if not rejected within 28 days
If the insurer does not reject a worker's claim for compensation under this Act within 28 days after the claim is given to the insurer-(a) the insurer is taken to have accepted the claim; and
(b) any payment made by the insurer in relation to the claim is not recoverable.
12B Rejecting claims generally
(1) An insurer rejects a claim for compensation under this Act by written notice given to the worker and employer.(2) The claim is taken to be rejected when the notice is received by the worker and employer.
(3) If the worker and employer do not receive the notice on the same day, the notice is taken to have been given on the day the notice is received by the last of them.
(4) The notice must include the reason the insurer is rejecting the claim.
(5) If the insurer rejects the claim 28 days or later after the claim is given to the insurer, the notice must include affidavit evidence about why the insurer is rejecting the claim.
(6) For this section, a notice is taken not to contain the reason the insurer is rejecting the claim if it simply says the claim is being rejected for medical reasons without including the medical reasons.
12C Rejecting claim within 28 days
(1) If the insurer rejects the worker's claim within 28 days after the claim is given to the insurer, the insurer may-(a) stop weekly compensation to the worker 2 weeks after the insurer rejects the claim; and
(b) stop payment of compensation mentioned under part 4.5 (Compensation for medical treatment, damage and other costs) for costs incurred 2 weeks or later after the insurer rejects the claim.
Note For how a claim is rejected, see s 12B.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .