New South Wales Consolidated Acts

WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 284

284 Insurer liable to pay fee if claim goes to assessment

(1) If it appears to the President that an insurer has--

(a) failed without reasonable excuse to determine a claim as and when required by this Part, or

(b) referred a matter that the insurer knows is not a genuine dispute for the purpose of delaying, without good cause, the determination of a claim,

and the claim concerned is referred to the Commission for determination of a dispute or for assessment, the President is to direct the insurer to pay the administration fee provided for by this section.

(2) The administration fee is a fee of $250 or such other amount as may be prescribed by the regulations and is payable to the Authority for payment into the Workers Compensation Operational Fund.

(4) An administration fee payable under this section is recoverable as a debt due to the Authority.

(5) A person does not have a reasonable excuse for a failure to determine a claim as and when required by this Part unless the person has an excuse that the Workers Compensation Guidelines provide is a reasonable excuse.

(6) The President is to notify the Authority of a direction under this section.