129DAssessments

129D Assessments (1) If the Authority— S. 129D(1)(a) amended by No. 50/1994 (a) has made or is or may become liable to make payments under this Act or the **Accident Compensation (WorkCover Insurance) Act 1993** to or in respect of a worker; and (b) believes that the worker has suffered a contribution injury and that a contributor ought to pay such amount or amounts as is just and equitable as contribution— the Authority may, by an assessment in writing, determine the amount or amounts payable as contribution to the Authority by each contributor. (2) If a self-insurer— (a) has made or is or may become liable to make payments under this Act to or in respect of a worker; and (b) satisfies the Authority that the self-insurer has reason to believe and believes that the worker has suffered a contribution injury and that a contributor ought to pay such amount or amounts as is just and equitable as contribution— the Authority shall, by an assessment in writing, determine the amount or amounts payable as contribution to the self-insurer by each contributor. (3) The Authority must not make an assessment under subsection (1) or (2) unless— (a) not less than 42 days before making the assessment, the Authority has given notice in writing to each person it believes is a contributor of the intention to make an assessment; and (b) the Authority has made reasonable attempts to engage in consultations with each person it believes is a contributor in relation to its intention to make an assessment. S. 129D(4) amended by Nos 64/1989 s. 35(f), 50/1993 s. 81(g), 50/1994 s. 62(4), 81/1998 s. 25(5). (4) Within 28 days after the Authority gives a notice under subsection (3) to a contributor, in addition to any other requirement for the giving or exchange of documents— (a) the Authority must give to the contributor; and (b) the contributor must give to the Authority— a copy of each document in its possession or under its control which may be relevant to determining the liability of a contributor under this Part including any claim for compensation or any certificate or report by a provider of medical, hospital, nursing, personal and household or ambulance services or any assessor's report or any other document from the worker's employer relating to any injury to or incapacity of the worker or filed with a court or tribunal in relation to claims by the worker for compensation under this Act or the **Workers Compensation Act 1958** or damages provided always that the giving or exchange of documents under this section shall not extend to documents in relation to which any legal privilege attaches. S. 129D(5) amended by No. 50/1994 (5) In determining the amount or amounts to be payable as contribution in an assessment, the Authority may determine and set out in the assessment the present and future liability of the contributor to pay amounts as contribution in respect of payments made or to be made under this Act or the **Accident Compensation (WorkCover Insurance) Act 1993** upon terms and conditions set out in the assessment that the Authority believes to be just and equitable. (6) The Authority may, at any time, amend an assessment made under this section by making such alterations, reductions or additions to it as the Authority deems appropriate, whether or not an amount has been paid under the assessment. (7) An amended assessment is an assessment for the purposes of this Division. (8) The Authority or a self-insurer, as the case requires, shall within a reasonable time after the making of an assessment— (a) serve a copy of the assessment on each contributor; and (b) serve on each contributor a notice stating the grounds on which the Authority believes that the contributor ought to pay such amount or amounts as is just and equitable as contribution. S. 129D(9) amended by No. 50/1994 (9) The validity of an assessment and the liability of a contributor to pay any amount determined to be payable by an assessment is not affected by reason that any of the provisions of this Act or the **Accident Compensation (WorkCover Insurance) Act 1993** have not been complied with or a claim for compensation has not been determined but any failure to comply with the provisions of this Act or the **Accident Compensation (WorkCover Insurance) Act 1993** or the fact that a claim has not been determined may be taken into account by the Tribunal in any review of the assessment. S. 129D(10) amended by No. 50/1994 s. 62(5). (10) Notwithstanding anything to the contrary in this Division a contributor is not required to make payments of a contribution which relates to any amount of compensation to be paid prior to that compensation being paid. S. 129E inserted by No. 13/1988