New South Wales Consolidated Acts

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WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 95

Direction by conciliator--commencement or continuation of weekly payments

95 Direction by conciliator--commencement or continuation of weekly payments

(cf former s 104)

(1) This section applies if a dispute relating to--
(a) a claim for weekly payments of compensation, or
(b) the continuation of weekly payments of compensation,
has been referred for conciliation under Division 3, but a conciliator is unable to bring the parties to agreement by conciliation.
(2) If the conciliator is satisfied that there is no genuine dispute with respect to the liability to make or continue to make weekly payments, the conciliator may direct--
(a) the person on whom the claim for weekly payments was made, or
(b) the person who was making the weekly payments,
to pay or continue to pay compensation in accordance with the direction.
(3) There is considered to be no genuine dispute with respect to a liability if there is no sufficient basis or no reasonable basis for dispute (but this does not limit the circumstances in which there can be considered to be no genuine dispute).
(4) If the conciliator is satisfied that there is a genuine dispute with respect to the liability to make or continue to make weekly payments, the conciliator must notify the person who made the claim for weekly payments, or who was receiving weekly payments, of that fact and that an application may be made to the Compensation Court to determine the matter.
(5) A direction of the conciliator may be given subject to such conditions as are specified in the direction.



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