"81 (1) Where an employer has received a claim for compensation in
relation to an injury to a worker employed by the employer and the
worker's first pay day after receipt of that claim
(a) is not later than 14 days after the receipt of that claim, the
employer must -
(i) if it is reasonably practicable to do so, commence making weekly
payments to the worker on the first pay day; or
(ii) in any other case, commence making weekly payments to the worker
not later than 14 days after receipt by the employer of the worker's
claim for compensation; or
(b) is later than 14 days after the receipt of that claim, the
employer must commence making weekly payments of compensation on that
pay day.
(2) Subject to subsection (3), an employer who fails to comply with
subsection (1) is guilty of an offence.
Penalty: Fine not exceeding 20 penalty units and, in the case of a
continuing offence, a further fine not exceeding 5 penalty units for
each day during which the offence continues.
(3) This section does not apply to an employer who, in accordance with
section 81a (1), disputes liability to pay compensation by way of
weekly payments.
(4) In this section, "pay day" means the day on which the worker would
normally receive salary or wages from the worker's employer.
81a (1) An employer who disputes liability
(a) to pay compensation by way of weekly payments for an injury
referred to in section 81 (1); or
(b) to pay the cost of any benefits payable under Division 2 of
Part VI in respect of the injury
must, within 14 days of receiving the claim for compensation in
respect of the injury to the worker
(c) serve the worker with written notice that the employer disputes
liability
(i) to pay compensation by way of weekly payments and must inform the
worker of the reasons for disputing liability; or
(ii) to pay any benefits payable under Division 2 of Part VI in
respect of the injury and must inform the worker of the reasons for
disputing liability; and
(d) refer the matter to the Commissioner.
(2) An employer who refers a matter to the Commissioner under
subsection (1) must, at the time of referring the matter to the
Commissioner, advise the Commissioner in writing whether or not weekly
payments are being made to the worker pending determination of the
matter by the Commissioner.
(3) Where a matter is referred to the Commissioner under
subsection (1), the Commissioner must
(a) if the Commissioner considers that weekly payments should be made,
order the employer to make weekly payments from such date as the
Commissioner determines; or
(b) if the Commissioner considers that the cost of any benefits
payable under Division 2 of Part VI in respect of the injury to the
worker should be paid, order the employer to pay the cost of the
benefits from such date as the Commissioner determines; or
(c) if the Commissioner considers that a genuine dispute exists
concerning the liability of the employer to pay compensation by way of
weekly payments, determine that compensation is not to be paid by the
employer; or
(d) if the Commissioner considers that a genuine dispute exists
concerning the liability of the employer to pay the cost of any
benefits payable under Division 2 of Part VI in respect of the injury
to the worker, determine that the cost of the benefits is not to be
paid by the employer.
(4) The fact that the Commissioner has determined under subsection (3)
that weekly payments should be made, or that the cost of any benefits
payable under Division 2 of Part VI in respect of the injury to the
worker should be paid, is not to be taken into account by the
Commissioner in any other proceedings under this Act.
(5) Notwithstanding that liability has not been disputed in accordance
with subsection (1), an employer who wishes to dispute liability to
continue to pay compensation by way of weekly payments for an injury
referred to in section 81(1) or to pay the cost of any benefits
payable under Division 2 of Part VI in respect of the injury may, at
any time after the expiration of the period referred to in
subsection (1) of this section, refer the matter to the Commissioner."