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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3532 ..


(c) acts unreasonably in stopping a worker's weekly compensation.

(2) The Minister may take 1 or more of the following actions in relation to an insurer's approval:

(a) revoke the insurer's approval;

(b) suspend the insurer's approval;

(c) impose a monetary penalty of up to $1 000 on the insurer;

(d) amend the terms of the insurer's approval (for example by the inclusion of a condition providing for increased supervision of the insurer by the Minister).

(3) However, if, after considering any written representations made by the insurer within the stated period under regulation 38, the Minister is satisfied on reasonable grounds that a ground mentioned in subregulation (1) exists to take action under this regulation, the Minister may take the following action:

(a) if the proposed action included revoking the insurer's approval-either revoke the approval or suspend the approval;

(b) if the proposed action included suspending the approval for a stated period or stated additional period-suspend the approval for not longer than the period;

(c) if the proposed action included imposing a penalty of a stated amount-impose a penalty of not more than that amount;

(d) if the proposed action included amending the terms of the insurer's approval in a stated way-amend the terms of the insurer's approval as stated;

(e) if the proposed action included issuing a letter of censure to the insurer-issuing a letter of censure to the insurer.

(4) The Minister must tell the insurer in writing of the decision.

Note The Minister must tell the person in a way that complies with the code of practice for notification of reviewable decisions and review rights (see the Act, s 26RA).

40 What if Minister decides to revoke or suspend approval?

(1) If the Minister decides to revoke or suspend an insurer's approval, the Minister must tell the insurer in writing when the revocation or suspension takes effect.

(2) A revocation or suspension must not take effect earlier than 7 days after the insurer is told about the decision.

(3) Subject to the Act, section 16B (Effect of revocation or suspension of approval), if the Minister suspends an insurer's approval, the insurer is, during the suspension-

(a) taken not to be an approved insurer; and

(b) disqualified from applying for approval as an insurer.

(4) The Minister may, at any time, end or reduce a period of suspension of an insurer's approval.


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