New South Wales Consolidated Regulations

WORKERS COMPENSATION REGULATION 2016 - REG 23

23 Determination of application

(1) The Authority is to determine an application for a certificate of approval--

(a) by granting a certificate to the applicant in the applicant's name, or, if there is more than one applicant, in their joint names, or

(b) by refusing to grant a certificate.

(2) In determining an application for a certificate of approval, the Authority is to have regard to--

(a) the application, and

(b) in relation to the applicant or each applicant (if more than one)--

(i) if the applicant is a natural person--the desirability of granting individual approval to natural persons, and

(ii) the capacity of the applicant to comply with the conditions of approval for workplace rehabilitation providers approved by the Authority, and

(iii) any information supplied by a trade union or employer organisation relating to the applicant's provision of rehabilitation services, and

(iv) any complaint lodged with the Authority against the applicant by a client of the applicant, and

(v) information procured in the course of any interviews with or examination of premises used by the applicant, and

(vi) verification of any references supplied by the applicant, and

(c) any relevant information relating to workers compensation costs and statistics concerning the return to work of injured workers, and

(d) any other matters that the Authority thinks fit.

(3) The Authority must not grant a certificate unless--

(a) in the case of an application by a natural person or natural persons--the Authority is of the opinion that the applicant or each applicant is a fit and proper person to hold a certificate and is of or above the age of 18 years, and

(b) in the case of an application by a corporation--

(i) the Authority is of the opinion that the corporation is a fit and proper person to hold a certificate, and

(ii) each director of the corporation would, if the application had been made by the director, be a fit and proper person to be granted a certificate.