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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3544 ..

4

Amendment 18

Proposed new clause 11A

Proposed new subsection 10X (1)-

Omit the subsection, substitute the following subsection:

(1) The worker may nominate a doctor, or medical practice, as the worker's treating doctor for the worker's personal injury plan.

5

Amendment 18

Proposed new clause 11A

Proposed new section 10ZI-

Omit the section, substitute the following section:

10ZI Compliance by workers (NSW WIMWCA s 57)

(1) A worker is not entitled to weekly compensation for a period when the worker unreasonably-

(a) fails to comply with a requirement under this chapter (including under the worker's personal injury plan) after being asked in writing by the insurer to comply with the requirement; or

(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) The insurer may give the worker written notice that the insurer will stop payment of weekly compensation.

(3) A worker's entitlement to weekly compensation stops under subsection (1)-

(a) if the notice under subsection (2) is given less than 1 year after the day the claim is given to the insurer-8 weeks after the notice is given to the worker; or

(b) if the notice under subsection (2) is given 1 year or later after the claim is given to the insurer-when the Magistrates Court orders the entitlement to stop under this section.

(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.

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