129GReview of assessment

129G Review of assessment

(1) If a contributor is dissatisfied with any assessment under this Division, the contributor may, if the contributor has paid the amount determined to be payable by the assessment within 28 days after service of a copy of the assessment on the contributor, post to, or lodge with, the Authority an objection in writing against the assessment stating the amount (if any) the contributor contends should be payable as contribution and stating fully the grounds on which the contributor relies but, if the assessment is an amended assessment, and the objection is posted to or lodged with the Authority after the period of 28 days, after notice of the original assessment was served, the contributor may object only against the amendment.

(2) The Authority, within 28 days after receiving the objection, shall consider the objection and either disallow it or allow it either wholly or in part by amending, or further amending, the assessment and shall serve on the contributor and, in the case of an assessment under section 129D(2), on the self-insurer, notice of its decision and any amendment.

(3) If—

(a) a contributor is dissatisfied with the decision and any amendment made under subsection (2); or

(b) the Authority does not, within 28 days after receiving an objection from a contributor, comply with subsection (2)—

the contributor may, within 28 days after service of the notice of the decision on the contributor or, where paragraph (b) applies, after the Authority receives the objection, apply to the Tribunal for review of the assessment or the amendment.

S. 129G(4) repealed by No. 52/1998
s. 311(Sch. 1 item 1.4).

(5) If a self-insurer is dissatisfied with the decision and any amendment notice of which was required to be served on the self-insurer under section 129G(2), the self-insurer may, within 28 days after service of notice of the decision on the self-insurer apply to the Tribunal for a review of the amendment.

S. 129G(6) repealed by No. 52/1998
s. 311(Sch. 1 item 1.4).

(7) Upon a review by the Tribunal under this Division—

S. 129G(7)(a) repealed by No. 52/1998
s. 311(Sch. 1 item 1.5).

(b) if the application for the review was made by a self-insurer—

(i) the burden of proving that an amendment of an assessment was in error lies on the self-insurer; and

(ii) the Authority shall not be a party to the review; and

(c) the Tribunal shall not regard an assessment under this Division, a notice under section 129D(8) or an objection or contention under section 129G(1) as an admission.

(8) The Tribunal when hearing an application shall determine which party shall bear the burden of satisfying the Tribunal that the assessment or the amended assessment should be confirmed, reduced, increased or varied (as the case requires) in accordance with what it considers is just and equitable in all the circumstances of the application.