Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts6. After Part VI of the Principal Act the following Part is inserted:
“26A. Where a worker makes a claim for weekly compensation payments, the employer (not being an exempt employer) shall, within 7 days after the day on which the worker lodges the claim with the employer, lodge the claim with the employer's insurer.
Penalty: $1,000.
“26B. (1) Where a worker makes a claim for weekly compensation payments the employer shall, within the prescribed period, in accordance with the direction of the employer's insurer (if any)—
(a) commence making weekly compensation payments in accordance with Schedule 1; or
(b) reject the claim by written notice to the worker.
Penalty: $5,000.
“(2) In subsection (1)—
(a) in relation to a claim lodged by a worker with an exempt employer—the period ending at the expiration of 28 days after the day on which the worker lodges the claim with the employer; or
(b) in relation to a claim lodged with any other employer—the period ending 21 days after the day on which the employer lodges the claim with the employer's insurer.
“26C. (1) An employer may, within 12 months after the day on which a worker lodges a claim for weekly compensation payments with the employer, terminate those payments by notice to the worker in accordance with subsection (2) if, in the opinion of the employer's insurer or, in the case of an exempt employer, the employer, based on reasonable grounds, the worker is no longer entitled to receive the payments.
“(2) A notice under subsection (1) shall—
(a) be in writing in the approved form; and
(b) specify the following:
(i) the day on which the termination is to take effect, being a day not less than 8 weeks after the day on which the notice is given to the worker;
(ii) the grounds for the insurer's or employer's opinion that the worker is not entitled to continue receiving the weekly payments;
(iii) the options available to the worker to have the decision to terminate payments reviewed.
“26D. (1) Where an employer gives notice of termination of weekly compensation payments under section 26C, the worker to whom the notice is given may apply to the Court to have the weekly payments continue or recommence.
“(2) On receipt of an application from a worker under subsection (1), if the Court is satisfied that the worker is entitled to receive the payments that are the subject of the application, the Court shall order that the payments continue or recommence.
“(3) Where the Court orders that weekly compensation payments recommence, it may order that the employer make an additional payment to the worker of such amount as the Court considers appropriate, being an amount not exceeding the amount that the worker could have received by way of weekly compensation for the period during which those payments were not made.
“(4) On application by any party, or of its own motion, the Court may make such interim orders in relation to an application under subsection (1) as it considers appropriate pending its final decision.
“26E. (1) An employer may apply to the Court for authority to terminate weekly compensation payments paid to a worker under this Act.
“(2) An employer shall give the affected worker notice in the approved form of the employer's intention to apply to the Court for authority to terminate weekly compensation payments to the worker.
“(3) Where the Court is satisfied that the affected worker is not entitled to receive weekly compensation payments, it shall make an order authorising the employer to terminate the payments to the worker after a specified day.
“(4) The day specified under subsection (3) shall be after the expiration of 8 weeks from the day on which the employer gave the worker notice under subsection (2).
“26F. An employer who gives notice of the termination of weekly compensation payments to a worker under section 26C or subsection 26E (2) shall, as soon as is practicable, give a copy of the notice to the nominal insurer.
Penalty: $500.”.