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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3546..

Schedule 5 (purple sheet)

Workers Compensation Amendment Bill 2001

Amendments circulated by Ms Tucker


Amendment 18

Proposed new clause 11A

Proposed new section 10W

Proposed subsection (2)-

Before "obligations" insert "reasonable".


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) contravenes 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) A worker's entitlement to weekly compensation does not stop under this section until 2 weeks 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.

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