Victorian Current Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 83

Request for information and suspension of review

    (1)     The Authority may, by written notice given to a claimed employer, request the claimed employer to provide information relevant to the review of the lodged objection within the period specified in the notice, not being less than 28 days after the notice is given.

    (2)     If a claimed employer fails to comply with a notice given under subsection (1), the Authority may suspend consideration of the lodged objection and review.

    (3)     If the Authority suspends consideration of a lodged objection and review under subsection (2), the Authority must give the claimed employer written notice of the suspension which states the following—

        (a)     that the suspension takes effect on service of the notice;

        (b)     that the review has been suspended pending the provision of the information relevant to the review that the Authority has requested;

        (c)     the details of the requested information;

        (d)     that the review will remain suspended until the earlier of—

              (i)     the period of suspension specified in the notice is complete; or

              (ii)     the claimed employer provides the Authority with the requested information.

    (4)     If the claimed employer does not provide the Authority with the information requested by the Authority by the completion of the stated period of suspension in the notice of suspension, the claimed employer is deemed to have withdrawn the lodged objection.

    (5)     If a claimed employer is deemed to have had a lodged objection withdrawn under subsection (4), the claimed employer may again lodge an objection in respect of the same decision that was the subject of the deemed withdrawn lodged objection.

    (6)     An objection lodged under subsection (5) will not be accepted by the Authority unless the objection—

        (a)     is made within 28 days of the date the lodged objection was deemed to be withdrawn under subsection (4); and

        (b)     is accompanied by the information specified in the notice of suspension.

    (7)     If—

        (a)     the objection of a claimed employer is deemed to be withdrawn under subsection (4); and

        (b)     the claimed employer fails to lodge the objection again in accordance with subsection (6)—

the decision of the Authority to accept the claim for compensation against the claimed employer is deemed to be confirmed.

    (8)     Proceedings to seek review of a deemed confirmation under subsection (7) must not be brought, whether against the Authority or otherwise.



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