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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3510 ..
(2) However, the insurer is not entitled to reject the worker's claim within 28 days after the claim is given to the insurer only on the ground that the insurer has not had time to adequately assess the claim.
12D Rejecting claims after 28 days but within 1 year
If the insurer rejects the worker's claim 28 days or later, but not later than 1 year, after the claim is given to the insurer, the insurer may-stop weekly compensation to the worker 8 weeks after the insurer rejects the claim; and
stop payment of compensation mentioned under part 4.5 (Compensation for medical treatment, damage and other costs) for costs incurred 8 weeks or later after the claim is rejected.
Note For how a claim is rejected, see s 12B.
12E Rejecting claims from 1 year
(1) An insurer may reject a worker's claim for compensation 1 year or later after the claim is given to the insurer only with the leave of the Magistrates Court.(2) If the Magistrates Court gives leave to the insurer to reject the worker's claim for compensation-
(a) the insurer need not give the worker notice of the rejection if the worker, or the worker's lawyer, is present when the court gives leave for the insurer to reject the claim; and
(b) the insurer may stop paying weekly compensation-
(i) on the day stated by the court in the order giving leave to the insurer to reject the claim; or
(ii) 8 weeks after the worker gets notice of the rejection if no day is stated in the order.
(3) For this section, the worker gets notice of the rejection-
(a) if the worker is present when the court gives leave to the insurer to reject the claim-on the day the court gives leave; or
(b) when the worker receives notice of the rejection from the insurer.
Note Court approved termination is dealt with under the regulations.
Part 6.3 Liability on claims
12F Without prejudice payments
An insurer may, when making a payment in relation to a claim, state that the payment is not an admission of liability for the injury in relation to which it is made.12G Liability on claim not accepted or rejected
(1) If a worker makes a claim in relation to an injury, the insurer is liable to pay weekly compensation and compensation for costs in relation to the injury until the insurer rejects or settles the claim.(2) A payment under this section may not be recovered by the insurer.
(3) However, the insurer is not liable to pay, and may recover from the employer, an amount that the employer is liable to pay under section 10Q (What if employer does not give notice of injury within time?).
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