119HAdjustment of settlement amount offers

119H Adjustment of settlement amount offers (1) This section applies if the Authority or a self-insurer becomes aware at any time after providing the response required by section 119B, and before paying the worker a settlement amount, that the amount specified as the settlement amount in the response does not comply with this Division. (2) The Authority or self-insurer must, as soon as is practicable after becoming aware that the proposed settlement amount does not comply with this Division, give the worker— (a) a notice advising the worker that the proposed amount does not comply with this Division and explaining the effect of this section; and (b) an amended written response complying with section 119B. (3) For the purposes of section 119D(1), the relevant date is the date the worker was given the last amended response. (a) the reason why a proposed settlement amount no longer complies with this Division is the coming into effect of a declaration made under section 115B(2) or 117B(2); and (b) the worker has obtained legal or financial advice in respect of a response from the Authority or self-insurer that has been amended under this section; and (c) the settlement amount specified in the amended response is more than— (i) 5% greater than the last settlement amount previously advised; and (ii) $5 000 greater than that last amount— the worker is entitled to obtain further legal or financial advice at the expense of the Authority or self-insurer. (5) In any other case, if— (a) a worker has obtained financial advice in respect of a response from the Authority or self-insurer that has been amended under this section; and (b) the settlement amount specified in the amended response is more than— (i) 5% greater or less than the last settlement amount previously advised; and (ii) $5 000 greater or less than that last amount— the worker is entitled to obtain further financial advice at the expense of the Authority or self-insurer. (6) If the worker is given an amended response after— (a) the worker has applied for a settlement; or (b) the worker has been offered a settlement; or (c) the worker has accepted an offer of settlement— the application, offer or acceptance is to be treated as if it was for a settlement for the amount set out in the amended response, unless the worker gives the Authority or self-insurer a written notice, before the expiry of 42 days from the date the worker is given the amended response, stating that he or she withdraws the application or acceptance or rejects the offer (as the case may be). (7) A worker to whom subsection (6) applies may give the Authority or self-insurer a written notice before the expiry of 42 days from the date the worker is given the amended response accepting an amended offer, or stating that he or she wishes the application or acceptance to proceed (as the case may be) on the basis of the amended amount. (8) The Authority or self-insurer must give effect to a notice given to it under subsection (7). (9) The rights conferred on a worker by subsection (6) are in addition to any rights conferred on the worker by section 119I(1). S. 119I inserted by No. 82/2001 s. 3.