15Review of claim determinations by Secretary

15 Review of claim determinations by Secretary

15 Review of claim determinations by Secretary

(1) A claimant whose claim for compensation under this Act is wholly or partly disallowed may request the Secretary in writing to review the decision.

(2) A request under this section must be made within 3 months of the decision to disallow the claim.

(3) On receiving a request, the Secretary—

(a) if the claim is in relation to infrastructure, may—

(i) review the claim and may allow or disallow the whole or part of the claim, or

(ii) refuse to review the claim, or

(b) in any other case, is to review the claim and may allow or disallow the whole or part of the claim.

(4) The Secretary must give the following persons notice in writing of the Secretary’s decision as to the claim—

(a) the claimant for compensation,

(b) in relation to a claim for compensation in relation to subsidence arising from an active coal mine—the proprietor of the coal mine,

(c) in any case—the Chief Executive.

(5) A claimant may not request more than one review in respect of any particular claim.

(6) Subject to section 16 (Appeals), a proprietor of a coal mine must give effect to a decision of the Secretary under this section.

Maximum penalty—

(a) in the case of an individual—590 penalty units, or

(b) in the case of a corporation—1,180 penalty units.

Note.

Under section 380A of the Mining Act 1992, decision-makers may take contraventions of this Act into consideration in determining whether a person is a fit and proper person under that Act.

s 15: Am 2024 No 48, Sch 1[19]–[21].