National Injury Insurance Scheme (Queensland) Act 2016
sec.52Suspending participation
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sec.52 Suspending participation
The agency may suspend the participant’s participation in the scheme if— the agency is satisfied the participant has left Australia for more than 3 consecutive months; and either of the following applies— a claim has not been made against an insurer for the participant’s injury; a claim has been made against an insurer for the participant’s injury, but the insurer has denied liability on the claim or has been held by a court not to be liable for the participant’s injury. Also, the agency may suspend the participant’s participation in the scheme if the agency considers that the participant’s absence from Australia will, or is likely to, adversely affect— the participant’s condition as a result of the participant’s injury; or the participant’s prospects of improvement or rehabilitation. The participant’s participation in the scheme may be suspended for all or part of the period the participant is absent from Australia. If the agency decides to suspend the participant’s participation, the agency must give the participant an information notice for the decision. The information notice— must state the period of the suspension; and may state that the period of suspension starts on the day the person left Australia, even if the information notice is given after that day. For part 4 , division 3 , the participant is taken not to be a participant in the scheme for the period of the suspension. This section applies subject to section 14 (6) . (sec.52-ssec.1) The agency may suspend the participant’s participation in the scheme if— the agency is satisfied the participant has left Australia for more than 3 consecutive months; and either of the following applies— a claim has not been made against an insurer for the participant’s injury; a claim has been made against an insurer for the participant’s injury, but the insurer has denied liability on the claim or has been held by a court not to be liable for the participant’s injury. (sec.52-ssec.2) Also, the agency may suspend the participant’s participation in the scheme if the agency considers that the participant’s absence from Australia will, or is likely to, adversely affect— the participant’s condition as a result of the participant’s injury; or the participant’s prospects of improvement or rehabilitation. (sec.52-ssec.3) The participant’s participation in the scheme may be suspended for all or part of the period the participant is absent from Australia. (sec.52-ssec.4) If the agency decides to suspend the participant’s participation, the agency must give the participant an information notice for the decision. (sec.52-ssec.5) The information notice— must state the period of the suspension; and may state that the period of suspension starts on the day the person left Australia, even if the information notice is given after that day. (sec.52-ssec.6) For part 4 , division 3 , the participant is taken not to be a participant in the scheme for the period of the suspension. (sec.52-ssec.7) This section applies subject to section 14 (6) .