95Reference to Tribunal of matters relating to amount of weekly payments

95 Reference to Tribunal of matters relating to amount of weekly payments

(1)  If a person to whom weekly payments are payable under this Division, or the Commissioner, is of the opinion that the amount of the weekly payments is insufficient or excessive, the person or the Commissioner may refer the matter to the Tribunal.

(2)  If a matter is referred to the Tribunal under subsection (1) by a person or the Commissioner, the Tribunal is to determine the amount of weekly payments in respect of the person to whom the matter relates that appears to the Tribunal to be reasonable and appropriate in the circumstances.

(3)  A determination under subsection (2) in relation to a person is to be made having regard to –

(a) the current weekly earnings of another worker who is –

(i) of the same grade or classification as the person; and

(ii) employed by the same employer in similar work to the person; and

(b) the earnings that the person might reasonably have earned during the period of incapacity, if he or she had continued the employment he or she had in the relevant period; and

(c) any other relevant matter.

(4)  In determining the amount of weekly payments under subsection (2) , the Tribunal is to have regard to the principle that a person should not receive, during a period of incapacity, weekly payments greater than the payments the person would have received if the person had worked in his or her usual employment during that period.

(5)  The amount of weekly payments determined by the Tribunal under subsection (2) is to be the amount of weekly payments payable to the person, although the amount may be a greater or lesser amount than the weekly payments otherwise payable under this Division.

(6)  If the weekly payments determined by the Tribunal under subsection (2) involve a reduction in the amount of weekly payments being made to a person, the Tribunal is to determine the date from which that reduction is to take effect.

(7)  The date determined under is to be a date that is not earlier than the date of the determination of the Tribunal.