New South Wales Consolidated Acts

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Revocation of directions of conciliator

97 Revocation of directions of conciliator

(cf former s 106)

(1) A direction given by a conciliator under this Division may be revoked by the conciliator or by any other conciliator.
(2) The Compensation Court may, on the application of a person who is liable to make weekly payments in accordance with a direction of a conciliator under this Division, revoke the direction.
(3) The applicant must serve a copy of the application on the Principal Conciliator within 7 days (or such other period as the rules of the Compensation Court may specify) after the application is made. The Compensation Court must not hear or determine the application until a copy of the application has been served on the Principal Conciliator.
(4) If a direction is revoked, the obligation to make weekly payments under the direction ceases.
(5) If the Compensation Court subsequently determines that a person is not liable under this Act to make the weekly payments of compensation that have been paid in accordance with a direction of a conciliator, the following provisions apply--
(a) the worker or other person who received those payments is not required to refund those payments unless the Court otherwise orders under paragraph (b),
(b) if the Court is satisfied that the claim for compensation was wholly or partly fraudulent or made without proper justification, it may order the worker or other person concerned to refund the whole or a specified part of those payments,
(c) the Court may order that the Insurance Fund bear the liability for the refund of the whole or a specified part of those payments (unless it makes an order under paragraph (b) for a refund),
(d) the Court may (instead of making an order for a refund) order any other person whom it determines was liable for the whole or any part of those payments to reimburse the person who made those payments,
(e) those payments are to be excluded from any determination of the claims experience of the employer for the purposes of calculating the premium payable by the employer for a policy of insurance.
(6) This section does not affect the recovery of weekly payments under section 58 of the 1987 Act.

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