Subdiv 5Related matters

Subdivision 5—Related matters 49—Protection from excess payments (1) A worker is not entitled under this Division to receive, in respect of 2 or more injuries, weekly payments in excess of the worker's notional weekly earnings. (2) If a liability to make weekly payments is redeemed (whether under this Act or the repealed Act), the worker is taken, for the purposes of this Act, to be receiving the weekly payments that would have been payable if there had been no redemption. (3) If a liability to make weekly payments is discharged under a deed of release under section 66(7), the injured party (within the meaning of that section) is taken, for the purposes of this Division, to be receiving the weekly payments that would have been payable if the deed of release had not been entered into. 50—Weekly payments and leave entitlements (1) Subject to this section, neither the liability to make weekly payments to a worker in respect of a period of incapacity nor the amount of such weekly payments is affected by a payment, allowance or benefit for annual leave or long service leave to which the worker is entitled in respect of that period. (2) If a worker is absent from employment in consequence of a work injury, the period of absence must for the purposes of computing the worker's entitlement to annual leave or sick leave under any Act, award or industrial agreement, be counted as a period of service in the worker's employment. (3) If a worker has received weekly payments in respect of total incapacity for work over a period of 52 weeks or more, the liability of the employer to grant annual leave to the worker in respect of a year of employment that coincides with, or ends during the course of, that period will be taken to have been satisfied. (4) Subsection (3) does not affect the obligation of an employer to make a payment in the nature of an annual leave loading. (a) the entitlement of a worker to annual leave, or payment in lieu of annual leave, is governed by a law of the Commonwealth or a State or Territory of the Commonwealth (not being this State); and (b) the worker is absent from employment in consequence of a work injury; and (c) the period of absence is not taken into account as service for the purpose of calculating the worker's entitlement to annual leave or payment in lieu of annual leave, the worker is entitled by way of compensation to the monetary value of the annual leave that would have accrued if the worker had not been absent from employment. (6) Any compensation payable under subsection (5) must be paid when the annual leave, or the payment in lieu of annual leave, would (assuming that the worker had not been absent from employment) have been granted or made. (7) If a worker applies for, and takes, a period of annual leave, the Corporation may suspend weekly payments that would otherwise be payable to the worker during the period while the worker is on leave. (8) A decision of the Corporation under subsection (7) does not constitute a reviewable decision under Part 6. 51—Absence of worker from Australia (1) If a worker who has suffered a work injury and who is receiving weekly payments under this Division is to be absent from Australia for a period in excess of 28 days, the worker must, at least 28 days before leaving Australia, give the Corporation prescribed details of the proposed absence. (2) If the Corporation is of the opinion that the absence may impair the prospects of the worker's recovery or return to work, it may, after giving the worker at least 14 days notice, in a designated form, of its intention to do so, suspend or reduce the weekly payments to the worker. (3) The Corporation may suspend weekly payments that are being made to a worker who is absent from Australia— (a) if the Corporation cannot obtain, to its satisfaction, information relating to— (i) the whereabouts of the worker; or (ii) the continuance of the worker's injury or incapacity for work; or (iii) the earning capacity of the worker; or (b) if there is, in the opinion of the Corporation, some other proper reason justifying suspension of the weekly payments. (4) If an injured worker leaves Australia without giving the notice required under subsection (1), the Corporation may suspend weekly payments to the worker. 52—Reports of return to work etc (1) An employer (other than a self-insured employer) must notify the Corporation whenever— (a) a worker who has been receiving weekly payments for total incapacity returns to work; or (b) there is a change in the weekly earnings of a worker who is receiving weekly payments for partial incapacity; or (c) there is a change in the type of work performed by a worker who is receiving weekly payments for partial incapacity, (but notification is not required in a case or class of cases excepted by the Corporation from the operation of this subsection). (2) If a worker who has been receiving weekly payments for total incapacity returns to work with an employer other than the employer from whose employment the injury arose, the worker must notify that previous employer of the return to work. (3) A notification under subsection (1) or (2)— (a) must be given within 14 days of the occurrence of the notifiable event; and (b) must include full particulars of the notifiable event. (4) A person who without reasonable excuse fails to comply with this section is guilty of an offence. Division 5—Redemptions 53—Redemptions—liabilities associated with weekly payments (1) A liability to make weekly payments under Division 4 may, by agreement between the worker and the Corporation, be redeemed by a capital payment to the worker. (2) An agreement for the redemption of a liability under this section cannot be made unless— (a) the worker has received competent professional advice about the consequences of redemption; and (b) the worker has received financial advice from a qualified financial adviser about the investment or use of money to be received on redemption; and (c) the Corporation has consulted with the employer out of whose employment the injury arose and has considered any representations made by the employer; and (d) a recognised health practitioner has certified that the extent of the worker's incapacity resulting from the work injury can be determined with a reasonable degree of confidence. (3) The amount of the redemption payment is to be fixed by the agreement. (4) If the Corporation notifies a worker in writing that it is prepared to enter into negotiations for the redemption of a liability by agreement under this section, the Corporation is liable to indemnify the worker for reasonable costs of obtaining the advice required under this section up to a limit prescribed by regulation. (5) In the case of a seriously injured worker, this section applies subject to any election made by the worker under Part 5 Division 1. (5a) In addition, a seriously injured worker who has made an election under section 56A cannot enter into an agreement for the redemption of a liability under this section for the injury or injuries for which the election was made. (6) The following decisions are not reviewable: (a) a decision of the Corporation not to agree to a redemption under this section; (b) a decision on the amount of a redemption. 54—Redemptions—liabilities associated with medical services designated liability means— (a) a liability to make payments under section 33 in relation to a work injury suffered by a worker; and (b) in association with a liability under paragraph (a) (if relevant), a liability to make weekly payments under section 40. (3) A designated liability may, by agreement between the worker and the Corporation, be redeemed by a capital payment to the worker. (4) An agreement for the redemption of a liability under this section cannot be made unless— (a) the worker has received competent professional advice about the consequences of redemption; and (b) the worker has received advice from a recognised health practitioner about the future medical services (and, if relevant, therapeutic appliances and other forms of assistance related to his or her future health) that the worker will or is likely to require on account of the work injury and any related surgery, treatment or condition. (5) The amount of the redemption payment is to be fixed by the agreement. (6) If the Corporation notifies a worker in writing that it is prepared to enter into negotiations for the redemption of a liability by agreement under this section, the Corporation is liable to indemnify the worker for reasonable costs of obtaining the advice required under this section up to a limit prescribed by regulation. (7) The following decisions are not reviewable: (a) a decision of the Corporation not to agree to a redemption under this section; (b) a decision on the amount of a redemption.