Subdiv 3Adjustment of weekly payments

Subdivision 3—Adjustment of weekly payments 45—Adjustments due to change from original arrangements (1) The Corporation may, on its own initiative or at the request of the worker, review the calculation of the average weekly earnings of a worker (and therefore the notional weekly earnings of a worker) for the purpose of making an adjustment due to— (a) a change in a component of the worker's remuneration used to determine average weekly earnings (including a component constituted by a non‑cash benefit); or (b) a change in the equipment or facilities provided or made available to the worker (if relevant to average weekly earnings). (2) A request by a worker must be made in a designated manner and a designated form. (3) Before the Corporation begins a review under this section, the Corporation must give the worker notice, in a designated form— (b) inviting the worker to make written representations to the Corporation on the subject of the review within a reasonable time specified in the notice. (4) If the Corporation finds on a review under this section that there has been a change that warrants an adjustment contemplated by subsection (1), the Corporation may make the relevant adjustment. (5) An adjustment under this section— (a) will take effect as an adjustment to the worker's notional weekly earnings (and may therefore increase or reduce weekly payments under this Division); and (b) operates from a date determined by the Corporation (which may be an antecedent date but not a date that is before the date of the change on which the adjustment is based and not so as to result in a retrospective reduction in weekly payments). (6) For the purposes of a review under this section, the Corporation may, by notice in writing to the worker to whom the review relates, require the worker to furnish any information that the Corporation determines to be relevant to the review. (7) If a worker fails to comply with a requirement under subsection (6) within the time allowed in the notice, the Corporation may suspend weekly payments to the worker. (8) On completing the review, the Corporation must give notice, in a designated form, setting out the Corporation's decision on the review, and the rights of review that exist in respect of the decision to— (a) the worker; and (b) the employer from whose employment the compensable injury arose. (9) This section does not limit the powers of the Corporation under any other section of this Act. 46—Review of weekly payments (1) Subject to subsection (3), the Corporation may, on its own initiative and must if requested by a worker or an employer, review the amount of the weekly payments made to a worker who has suffered a work injury. (2) A request by a worker or employer must be made in a designated manner and a designated form. (3) The Corporation is not required to comply with a request for a review under subsection (1) if the request is made within 3 months from the completion of an earlier review. (4) Before the Corporation begins a review under this section, the Corporation must give the worker notice, in a designated form— (b) inviting the worker to make written representation to the Corporation on the subject of the review within a reasonable time specified in the notice. (5) If the Corporation finds on a review under this section that the worker's entitlement to weekly payments has ceased, or has increased or decreased, the Corporation must adjust or discontinue the weekly payments to reflect that finding. Example— For example, if the Corporation finds on the review that there has been a change in the extent of the worker's incapacity with a consequent change in the amount the worker is earning or could earn in suitable employment, the Corporation must adjust the weekly payments to reflect the change in entitlement. (6) For the purposes of a review under this section, the Corporation may, by notice in writing to a worker, who is receiving weekly payments— (a) require the worker to submit to an examination by a recognised health practitioner nominated by the Corporation; or (b) require the worker to furnish evidence of the worker's earnings. (7) If a worker fails to comply with a requirement under subsection (6) within the time allowed in the notice, the Corporation may suspend weekly payments to the worker. (8) On completing the review, the Corporation must give notice, in a designated form, setting out the Corporation's decision on the review, and the rights of review that exist in respect of the decision, to— (a) the worker; and (b) the employer from whose employment the work injury arose. (9) This section does not limit the powers of the Corporation under any other section of this Act. 47—Economic adjustments to weekly payments for seriously injured workers (1) If a seriously injured worker is incapacitated for work or appears likely to be incapacitated for work for more than 1 year, the Corporation must, during the course of each year of incapacity, review the weekly payments for the purpose of making an adjustment to the amount of those payments under this section. (2) Before the Corporation begins a review under this section, the Corporation must give the worker notice, in a designated form— (b) inviting the worker to make written representations to the Corporation on the subject of the review within a reasonable time specified in the notice. (3) An adjustment under this section— (a) must be based on— (i) changes in the rates of remuneration payable to workers generally or to workers engaged in the kind of employment from which the worker's injury arose; or (ii) if the worker applies, in a designated manner and a designated form, for the adjustment to be made on the basis of changes in rates of remuneration prescribed by an award or enterprise agreement payable to a group of workers of which the worker was a member at the time of the occurrence of the injury—changes in those rates of remuneration; and (b) operates— (i) in the case of an adjustment under paragraph (a)(i)—from the end of the year of incapacity in which the review is made; (ii) in the case of an adjustment under paragraph (a)(ii)—from the Corporation's decision on the application, back‑dated to the date of the relevant changes in rates of remuneration. (4) If the Corporation makes an adjustment to weekly payments under this section, the Corporation must give notice in writing, in a designated form, to the worker— (a) containing such information as the regulations may require as to the grounds on which the adjustment is being made; and (b) informing the worker of the worker's rights to have the Corporation's decision reviewed.