69Cancellation or reduction of compensation

69 Cancellation or reduction of compensation (1) Subject to this Subdivision, an amount of compensation under this Subdivision shall not be cancelled or reduced unless the worker to whom it is payable has been given: (a) 14 days notice of the intention to cancel or reduce the compensation and, where the compensation is to be reduced, the amount to which it is to be reduced; and (b) a statement in the approved form: (i) setting out the reasons for the proposed cancellation or reduction; (ii) to the effect that, if the worker wishes to dispute the decision to cancel or reduce compensation, the worker may, within 90 days after receiving the statement, apply to the Authority to have the dispute referred to mediation; (iii) to the effect that, if mediation is unsuccessful in resolving the dispute, the worker may appeal to the Court against the decision to cancel or reduce compensation; (iv) to the effect that, if the worker wishes to appeal, the worker must lodge the appeal with the Court within 28 days after receiving a certificate issued by the mediator under section 103J(2); (v) to the effect that the worker may only appeal against the decision if an attempt has been made to resolve the dispute by mediation and that attempt has been unsuccessful; and (vi) to the effect that, despite subparagraphs (iv) and (v), the claimant may commence a proceeding for an interim determination under section 107 at any time after the claimant has applied to the Authority to have the dispute referred to mediation. (2) Subsection (1) does not apply where: (a) the person receiving the compensation returns to work or dies; or

Return to Work Act 1986 66 (aa) the person receiving the compensation fails to provide to his or her employer a medical certificate of capacity under section 91A within 14 days after being requested to do so in writing by his or her employer; or (b) the following occurs: (i) the medical certificate of capacity mentioned in section 82 specifies that the person receiving the compensation is fit for work on a particular date, being not later than 4 weeks after the date of the injury in respect of which the claim was made; (ii) the person fails to return to work on the particular date or to provide his or her employer on or before that date with another certificate as to his or her incapacity for work; or (c) the payments of compensation were obtained by fraud of the person receiving them or by other unlawful means; or (d) the Court orders the cancellation or reduction of the compensation. (3) Where compensation is to be cancelled for the reason that the worker to whom it is paid has ceased to be incapacitated for work, the statement under subsection (1) shall be accompanied by the medical certificate of capacity of the medical practitioner certifying that the person has ceased to be incapacitated for work. (4) For the purposes of subsection (1)(b), the reasons set out in the statement referred to in that subsection shall provide sufficient detail to enable the worker to whom the statement is given to understand fully why the amount of compensation is being cancelled or reduced.