Commonwealth Consolidated Acts

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SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 38

Review of certain determinations by Comcare

  (1)   As soon as practicable after a rehabilitation authority (other than a relevant authority) makes a determination under section   36 or 37, the authority shall cause to be served on the employee to whom the determination relates a notice in writing setting out:

  (a)   the terms of the determination;

  (b)   the reasons for the determination; and

  (c)   a statement to the effect that the employee may, if dissatisfied with the determination, request Comcare for a review of the determination under this section.

  (2)   An employee in respect of whom a determination under section   36 or 37 is made by a rehabilitation authority (other than a relevant authority) may, by notice in writing given to Comcare, request Comcare to review the determination.

  (3)   A request shall:

  (a)   set out the reasons for the request; and

  (b)   be given to Comcare within 30 days after the day on which the determination first came to the notice of the employee, or within such further period (if any) as Comcare, either before or after the expiration of that period, allows.

  (4)   On receipt of a request, Comcare shall review the determination and may make a decision affirming or revoking the determination or varying the determination in such manner as Comcare thinks fit.


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