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.