New South Wales Consolidated Acts

WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 139

139 Power to restrict or ban agents who engage in prohibited conduct

(cf former s 148I)

(1) The Authority can by direction in writing given to an agent prohibit the agent from acting for any person in connection with any claims or in connection with specified types of claims. The prohibition can be absolute or subject to conditions.

(2) Such a direction cannot be given unless--

(a) the Authority is satisfied that the agent concerned has persistently engaged in conduct that constitutes a contravention of section 133 or 343 (4) and as a result is not a fit and proper person to act in connection with claims to which the direction relates, and

(b) the Authority has given the agent a reasonable opportunity to make written submissions to the Authority on the matter.

(3) An agent who acts in contravention of a direction given under this section--

(a) is guilty of an offence for which the maximum penalty is 200 penalty units, and

(b) is not entitled to recover any fees, costs or other charges from a person for anything done by the agent in contravention of the direction.

(4) A person aggrieved by a direction under this section can appeal against the direction to the Compensation Court within 14 days after the direction is given to the agent. An appeal does not stay the operation of the direction unless the Court otherwise orders.

(5) A direction remains in force until it is withdrawn. A direction can be withdrawn at any time by the Authority by giving written notice of withdrawal to the agent concerned.