sec.540Application of pt 2

### sec.540 Application of pt 2 This part applies to the following— a decision by WorkCover— not to give an exemption from insuring under this Act under section 49 ; or to set the premium payable under a policy under section 54 ; or to issue a reassessment premium notice under section 56 ; or to refuse to waive or reduce a penalty under section 57 , 66 , 109A , 146A or 229 ; or to refuse to reassess a default assessment under section 58 ; or to refuse to waive or reduce additional premium under section 64 ; or to waive or not to waive section 131 (1) or (2) ; or to allow or reject an application for compensation; or to allow or reject an application under section 132A or 132B ; or to terminate or suspend payment of compensation; or to increase or decrease a weekly payment of compensation under chapter 3 ; or to refuse to vary an entitlement under section 171 , 172 or 173 ; or to apportion compensation under chapter 3 , part 11 ; or to allow or refuse an entitlement under section 212 , 216 or 219 ; or under section 232M , that a worker is not entitled to treatment, care and support payments; or to refuse a worker’s entitlement to be referred to an accredited rehabilitation and return to work program of WorkCover under section 220 (4) ; or that a worker is no longer entitled to participate in an accredited rehabilitation and return to work program of WorkCover under section 220 (5) ; or to refuse a service request, or approve a service request on conditions, under section 232P ; or to refuse a payment request under section 232R ; or that, under section 232S , WorkCover is not satisfied that a worker’s serious personal injury is likely to continue to meet the chapter 4A eligibility criteria for the injury after the interim period ends; or that, under section 232S , a worker’s entitlement to treatment, care and support payments ends before the end of the interim period; or not to accept liability to make treatment, care and support payments under section 232ZD ; or to amend approved services for an eligible worker under section 232ZG ; or to suspend, under section 232ZH , a worker’s entitlement to treatment, care and support payments for all or part of a period the worker is absent from Australia; or for section 239A (4) that a claimant has or has not sustained an injury; or to refuse an examination application under section 325C ; a decision by a self-insurer— to waive or not to waive section 131 (1) or (2) ; or to allow or reject an application for compensation; or to allow or reject an application under section 132A or 132B ; or to terminate or suspend payment of compensation; or to increase or decrease a weekly payment of compensation under chapter 3 ; or to refuse to vary an entitlement under section 171 , 172 or 173 ; or to apportion compensation under chapter 3 , part 11 ; or to allow or refuse an entitlement under section 212 , 216 or 219 ; or under section 232M , that a worker is not entitled to treatment, care and support payments; or to refuse a worker’s entitlement to be referred to an accredited rehabilitation and return to work program of the self-insurer under section 220 (4) ; or that a worker is no longer entitled to participate in an accredited rehabilitation and return to work program of the self-insurer under section 220 (5) ; or to refuse a service request, or approve a service request on conditions, under section 232P ; or to refuse a payment request under section 232R ; or that, under section 232S , the self-insurer is not satisfied that a worker’s serious personal injury is likely to continue to meet the chapter 4A eligibility criteria for the injury after the interim period ends; or that, under section 232S , a worker’s entitlement to treatment, care and support payments ends before the end of the interim period; or not to accept liability to make treatment, care and support payments under section 232ZD ; or to amend approved services for an eligible worker under section 232ZG ; or to suspend, under section 232ZH , a worker’s entitlement to treatment, care and support payments for all or part of a period the worker is absent from Australia; or for section 239A (4) that a claimant has or has not sustained an injury; or to refuse an examination application under section 325C ; a failure by WorkCover or a self-insurer to make a decision— on an application under section 132A , 132B or 134 within the time stated in the section; or under section 232M (4) , on request from a worker, within the time stated in section 232M (3) ; or under section 232P (3) within the time stated in the section; or on a payment request within the time stated in section 232R (1) ; or on a review under section 232S within the time stated in the section; or under section 232ZD (5) within the time stated in the section; or for section 239A (4) within the time stated in section 239A (5) ; or under section 325C (1) within the period stated in the section. WorkCover or the self-insurer (the decision-maker ) must give written reasons for the decision or for the failure to make a decision. The decision-maker need not give reasons for a decision mentioned in subsection (1) (a) (ii) or (iii) . The reasons for the decision must— address the matters prescribed by regulation; and be accompanied by information about the rights of review under this Act for the decision. The decision or the failure to make a decision may be reviewed only by the Regulator. s 540 amd 2004 No. 45 s 63 ; 2004 No. 53 s 2 sch ; 2013 No. 52 ss 56 sch 1 (retro), 114 sch 2 ; 2015 No.12 s 10 (retro); 2016 No. 44 s 43 ; 2017 No. 27 s 30 ; 2019 No. 33 ss 75 , 92 sch 1 ; 2024 No. 40 ss 54 , 65 sch 1 (sec.540-ssec.1) This part applies to the following— a decision by WorkCover— not to give an exemption from insuring under this Act under section 49 ; or to set the premium payable under a policy under section 54 ; or to issue a reassessment premium notice under section 56 ; or to refuse to waive or reduce a penalty under section 57 , 66 , 109A , 146A or 229 ; or to refuse to reassess a default assessment under section 58 ; or to refuse to waive or reduce additional premium under section 64 ; or to waive or not to waive section 131 (1) or (2) ; or to allow or reject an application for compensation; or to allow or reject an application under section 132A or 132B ; or to terminate or suspend payment of compensation; or to increase or decrease a weekly payment of compensation under chapter 3 ; or to refuse to vary an entitlement under section 171 , 172 or 173 ; or to apportion compensation under chapter 3 , part 11 ; or to allow or refuse an entitlement under section 212 , 216 or 219 ; or under section 232M , that a worker is not entitled to treatment, care and support payments; or to refuse a worker’s entitlement to be referred to an accredited rehabilitation and return to work program of WorkCover under section 220 (4) ; or that a worker is no longer entitled to participate in an accredited rehabilitation and return to work program of WorkCover under section 220 (5) ; or to refuse a service request, or approve a service request on conditions, under section 232P ; or to refuse a payment request under section 232R ; or that, under section 232S , WorkCover is not satisfied that a worker’s serious personal injury is likely to continue to meet the chapter 4A eligibility criteria for the injury after the interim period ends; or that, under section 232S , a worker’s entitlement to treatment, care and support payments ends before the end of the interim period; or not to accept liability to make treatment, care and support payments under section 232ZD ; or to amend approved services for an eligible worker under section 232ZG ; or to suspend, under section 232ZH , a worker’s entitlement to treatment, care and support payments for all or part of a period the worker is absent from Australia; or for section 239A (4) that a claimant has or has not sustained an injury; or to refuse an examination application under section 325C ; a decision by a self-insurer— to waive or not to waive section 131 (1) or (2) ; or to allow or reject an application for compensation; or to allow or reject an application under section 132A or 132B ; or to terminate or suspend payment of compensation; or to increase or decrease a weekly payment of compensation under chapter 3 ; or to refuse to vary an entitlement under section 171 , 172 or 173 ; or to apportion compensation under chapter 3 , part 11 ; or to allow or refuse an entitlement under section 212 , 216 or 219 ; or under section 232M , that a worker is not entitled to treatment, care and support payments; or to refuse a worker’s entitlement to be referred to an accredited rehabilitation and return to work program of the self-insurer under section 220 (4) ; or that a worker is no longer entitled to participate in an accredited rehabilitation and return to work program of the self-insurer under section 220 (5) ; or to refuse a service request, or approve a service request on conditions, under section 232P ; or to refuse a payment request under section 232R ; or that, under section 232S , the self-insurer is not satisfied that a worker’s serious personal injury is likely to continue to meet the chapter 4A eligibility criteria for the injury after the interim period ends; or that, under section 232S , a worker’s entitlement to treatment, care and support payments ends before the end of the interim period; or not to accept liability to make treatment, care and support payments under section 232ZD ; or to amend approved services for an eligible worker under section 232ZG ; or to suspend, under section 232ZH , a worker’s entitlement to treatment, care and support payments for all or part of a period the worker is absent from Australia; or for section 239A (4) that a claimant has or has not sustained an injury; or to refuse an examination application under section 325C ; a failure by WorkCover or a self-insurer to make a decision— on an application under section 132A , 132B or 134 within the time stated in the section; or under section 232M (4) , on request from a worker, within the time stated in section 232M (3) ; or under section 232P (3) within the time stated in the section; or on a payment request within the time stated in section 232R (1) ; or on a review under section 232S within the time stated in the section; or under section 232ZD (5) within the time stated in the section; or for section 239A (4) within the time stated in section 239A (5) ; or under section 325C (1) within the period stated in the section. (sec.540-ssec.2) WorkCover or the self-insurer (the decision-maker ) must give written reasons for the decision or for the failure to make a decision. (sec.540-ssec.3) The decision-maker need not give reasons for a decision mentioned in subsection (1) (a) (ii) or (iii) . (sec.540-ssec.4) The reasons for the decision must— address the matters prescribed by regulation; and be accompanied by information about the rights of review under this Act for the decision. (sec.540-ssec.5) The decision or the failure to make a decision may be reviewed only by the Regulator. - (a) a decision by WorkCover— (i) not to give an exemption from insuring under this Act under section 49 ; or (ii) to set the premium payable under a policy under section 54 ; or (iii) to issue a reassessment premium notice under section 56 ; or (iv) to refuse to waive or reduce a penalty under section 57 , 66 , 109A , 146A or 229 ; or (v) to refuse to reassess a default assessment under section 58 ; or (vi) to refuse to waive or reduce additional premium under section 64 ; or (vii) to waive or not to waive section 131 (1) or (2) ; or (viii) to allow or reject an application for compensation; or (viiia) to allow or reject an application under section 132A or 132B ; or (ix) to terminate or suspend payment of compensation; or (ixa) to increase or decrease a weekly payment of compensation under chapter 3 ; or (x) to refuse to vary an entitlement under section 171 , 172 or 173 ; or (xi) to apportion compensation under chapter 3 , part 11 ; or (xii) to allow or refuse an entitlement under section 212 , 216 or 219 ; or (xiia) under section 232M , that a worker is not entitled to treatment, care and support payments; or (xiiaa) to refuse a worker’s entitlement to be referred to an accredited rehabilitation and return to work program of WorkCover under section 220 (4) ; or (xiiab) that a worker is no longer entitled to participate in an accredited rehabilitation and return to work program of WorkCover under section 220 (5) ; or (xiib) to refuse a service request, or approve a service request on conditions, under section 232P ; or (xiic) to refuse a payment request under section 232R ; or (xiid) that, under section 232S , WorkCover is not satisfied that a worker’s serious personal injury is likely to continue to meet the chapter 4A eligibility criteria for the injury after the interim period ends; or (xiie) that, under section 232S , a worker’s entitlement to treatment, care and support payments ends before the end of the interim period; or (xiif) not to accept liability to make treatment, care and support payments under section 232ZD ; or (xiig) to amend approved services for an eligible worker under section 232ZG ; or (xiih) to suspend, under section 232ZH , a worker’s entitlement to treatment, care and support payments for all or part of a period the worker is absent from Australia; or (xiii) for section 239A (4) that a claimant has or has not sustained an injury; or (xiv) to refuse an examination application under section 325C ; - (i) not to give an exemption from insuring under this Act under section 49 ; or - (ii) to set the premium payable under a policy under section 54 ; or - (iii) to issue a reassessment premium notice under section 56 ; or - (iv) to refuse to waive or reduce a penalty under section 57 , 66 , 109A , 146A or 229 ; or - (v) to refuse to reassess a default assessment under section 58 ; or - (vi) to refuse to waive or reduce additional premium under section 64 ; or - (vii) to waive or not to waive section 131 (1) or (2) ; or - (viii) to allow or reject an application for compensation; or - (viiia) to allow or reject an application under section 132A or 132B ; or - (ix) to terminate or suspend payment of compensation; or - (ixa) to increase or decrease a weekly payment of compensation under chapter 3 ; or - (x) to refuse to vary an entitlement under section 171 , 172 or 173 ; or - (xi) to apportion compensation under chapter 3 , part 11 ; or - (xii) to allow or refuse an entitlement under section 212 , 216 or 219 ; or - (xiia) under section 232M , that a worker is not entitled to treatment, care and support payments; or - (xiiaa) to refuse a worker’s entitlement to be referred to an accredited rehabilitation and return to work program of WorkCover under section 220 (4) ; or - (xiiab) that a worker is no longer entitled to participate in an accredited rehabilitation and return to work program of WorkCover under section 220 (5) ; or - (xiib) to refuse a service request, or approve a service request on conditions, under section 232P ; or - (xiic) to refuse a payment request under section 232R ; or - (xiid) that, under section 232S , WorkCover is not satisfied that a worker’s serious personal injury is likely to continue to meet the chapter 4A eligibility criteria for the injury after the interim period ends; or - (xiie) that, under section 232S , a worker’s entitlement to treatment, care and support payments ends before the end of the interim period; or - (xiif) not to accept liability to make treatment, care and support payments under section 232ZD ; or - (xiig) to amend approved services for an eligible worker under section 232ZG ; or - (xiih) to suspend, under section 232ZH , a worker’s entitlement to treatment, care and support payments for all or part of a period the worker is absent from Australia; or - (xiii) for section 239A (4) that a claimant has or has not sustained an injury; or - (xiv) to refuse an examination application under section 325C ; - (b) a decision by a self-insurer— (i) to waive or not to waive section 131 (1) or (2) ; or (ii) to allow or reject an application for compensation; or (iia) to allow or reject an application under section 132A or 132B ; or (iii) to terminate or suspend payment of compensation; or (iiia) to increase or decrease a weekly payment of compensation under chapter 3 ; or (iv) to refuse to vary an entitlement under section 171 , 172 or 173 ; or (v) to apportion compensation under chapter 3 , part 11 ; or (vi) to allow or refuse an entitlement under section 212 , 216 or 219 ; or (via) under section 232M , that a worker is not entitled to treatment, care and support payments; or (viaa) to refuse a worker’s entitlement to be referred to an accredited rehabilitation and return to work program of the self-insurer under section 220 (4) ; or (viab) that a worker is no longer entitled to participate in an accredited rehabilitation and return to work program of the self-insurer under section 220 (5) ; or (vib) to refuse a service request, or approve a service request on conditions, under section 232P ; or (vic) to refuse a payment request under section 232R ; or (vid) that, under section 232S , the self-insurer is not satisfied that a worker’s serious personal injury is likely to continue to meet the chapter 4A eligibility criteria for the injury after the interim period ends; or (vie) that, under section 232S , a worker’s entitlement to treatment, care and support payments ends before the end of the interim period; or (vif) not to accept liability to make treatment, care and support payments under section 232ZD ; or (vig) to amend approved services for an eligible worker under section 232ZG ; or (vih) to suspend, under section 232ZH , a worker’s entitlement to treatment, care and support payments for all or part of a period the worker is absent from Australia; or (vii) for section 239A (4) that a claimant has or has not sustained an injury; or (viii) to refuse an examination application under section 325C ; - (i) to waive or not to waive section 131 (1) or (2) ; or - (ii) to allow or reject an application for compensation; or - (iia) to allow or reject an application under section 132A or 132B ; or - (iii) to terminate or suspend payment of compensation; or - (iiia) to increase or decrease a weekly payment of compensation under chapter 3 ; or - (iv) to refuse to vary an entitlement under section 171 , 172 or 173 ; or - (v) to apportion compensation under chapter 3 , part 11 ; or - (vi) to allow or refuse an entitlement under section 212 , 216 or 219 ; or - (via) under section 232M , that a worker is not entitled to treatment, care and support payments; or - (viaa) to refuse a worker’s entitlement to be referred to an accredited rehabilitation and return to work program of the self-insurer under section 220 (4) ; or - (viab) that a worker is no longer entitled to participate in an accredited rehabilitation and return to work program of the self-insurer under section 220 (5) ; or - (vib) to refuse a service request, or approve a service request on conditions, under section 232P ; or - (vic) to refuse a payment request under section 232R ; or - (vid) that, under section 232S , the self-insurer is not satisfied that a worker’s serious personal injury is likely to continue to meet the chapter 4A eligibility criteria for the injury after the interim period ends; or - (vie) that, under section 232S , a worker’s entitlement to treatment, care and support payments ends before the end of the interim period; or - (vif) not to accept liability to make treatment, care and support payments under section 232ZD ; or - (vig) to amend approved services for an eligible worker under section 232ZG ; or - (vih) to suspend, under section 232ZH , a worker’s entitlement to treatment, care and support payments for all or part of a period the worker is absent from Australia; or - (vii) for section 239A (4) that a claimant has or has not sustained an injury; or - (viii) to refuse an examination application under section 325C ; - (c) a failure by WorkCover or a self-insurer to make a decision— (i) on an application under section 132A , 132B or 134 within the time stated in the section; or (ia) under section 232M (4) , on request from a worker, within the time stated in section 232M (3) ; or (ib) under section 232P (3) within the time stated in the section; or (ic) on a payment request within the time stated in section 232R (1) ; or (id) on a review under section 232S within the time stated in the section; or (ie) under section 232ZD (5) within the time stated in the section; or (ii) for section 239A (4) within the time stated in section 239A (5) ; or (iii) under section 325C (1) within the period stated in the section. - (i) on an application under section 132A , 132B or 134 within the time stated in the section; or - (ia) under section 232M (4) , on request from a worker, within the time stated in section 232M (3) ; or - (ib) under section 232P (3) within the time stated in the section; or - (ic) on a payment request within the time stated in section 232R (1) ; or - (id) on a review under section 232S within the time stated in the section; or - (ie) under section 232ZD (5) within the time stated in the section; or - (ii) for section 239A (4) within the time stated in section 239A (5) ; or - (iii) under section 325C (1) within the period stated in the section. - (i) not to give an exemption from insuring under this Act under section 49 ; or - (ii) to set the premium payable under a policy under section 54 ; or - (iii) to issue a reassessment premium notice under section 56 ; or - (iv) to refuse to waive or reduce a penalty under section 57 , 66 , 109A , 146A or 229 ; or - (v) to refuse to reassess a default assessment under section 58 ; or - (vi) to refuse to waive or reduce additional premium under section 64 ; or - (vii) to waive or not to waive section 131 (1) or (2) ; or - (viii) to allow or reject an application for compensation; or - (viiia) to allow or reject an application under section 132A or 132B ; or - (ix) to terminate or suspend payment of compensation; or - (ixa) to increase or decrease a weekly payment of compensation under chapter 3 ; or - (x) to refuse to vary an entitlement under section 171 , 172 or 173 ; or - (xi) to apportion compensation under chapter 3 , part 11 ; or - (xii) to allow or refuse an entitlement under section 212 , 216 or 219 ; or - (xiia) under section 232M , that a worker is not entitled to treatment, care and support payments; or - (xiiaa) to refuse a worker’s entitlement to be referred to an accredited rehabilitation and return to work program of WorkCover under section 220 (4) ; or - (xiiab) that a worker is no longer entitled to participate in an accredited rehabilitation and return to work program of WorkCover under section 220 (5) ; or - (xiib) to refuse a service request, or approve a service request on conditions, under section 232P ; or - (xiic) to refuse a payment request under section 232R ; or - (xiid) that, under section 232S , WorkCover is not satisfied that a worker’s serious personal injury is likely to continue to meet the chapter 4A eligibility criteria for the injury after the interim period ends; or - (xiie) that, under section 232S , a worker’s entitlement to treatment, care and support payments ends before the end of the interim period; or - (xiif) not to accept liability to make treatment, care and support payments under section 232ZD ; or - (xiig) to amend approved services for an eligible worker under section 232ZG ; or - (xiih) to suspend, under section 232ZH , a worker’s entitlement to treatment, care and support payments for all or part of a period the worker is absent from Australia; or - (xiii) for section 239A (4) that a claimant has or has not sustained an injury; or - (xiv) to refuse an examination application under section 325C ; - (i) to waive or not to waive section 131 (1) or (2) ; or - (ii) to allow or reject an application for compensation; or - (iia) to allow or reject an application under section 132A or 132B ; or - (iii) to terminate or suspend payment of compensation; or - (iiia) to increase or decrease a weekly payment of compensation under chapter 3 ; or - (iv) to refuse to vary an entitlement under section 171 , 172 or 173 ; or - (v) to apportion compensation under chapter 3 , part 11 ; or - (vi) to allow or refuse an entitlement under section 212 , 216 or 219 ; or - (via) under section 232M , that a worker is not entitled to treatment, care and support payments; or - (viaa) to refuse a worker’s entitlement to be referred to an accredited rehabilitation and return to work program of the self-insurer under section 220 (4) ; or - (viab) that a worker is no longer entitled to participate in an accredited rehabilitation and return to work program of the self-insurer under section 220 (5) ; or - (vib) to refuse a service request, or approve a service request on conditions, under section 232P ; or - (vic) to refuse a payment request under section 232R ; or - (vid) that, under section 232S , the self-insurer is not satisfied that a worker’s serious personal injury is likely to continue to meet the chapter 4A eligibility criteria for the injury after the interim period ends; or - (vie) that, under section 232S , a worker’s entitlement to treatment, care and support payments ends before the end of the interim period; or - (vif) not to accept liability to make treatment, care and support payments under section 232ZD ; or - (vig) to amend approved services for an eligible worker under section 232ZG ; or - (vih) to suspend, under section 232ZH , a worker’s entitlement to treatment, care and support payments for all or part of a period the worker is absent from Australia; or - (vii) for section 239A (4) that a claimant has or has not sustained an injury; or - (viii) to refuse an examination application under section 325C ; - (i) on an application under section 132A , 132B or 134 within the time stated in the section; or - (ia) under section 232M (4) , on request from a worker, within the time stated in section 232M (3) ; or - (ib) under section 232P (3) within the time stated in the section; or - (ic) on a payment request within the time stated in section 232R (1) ; or - (id) on a review under section 232S within the time stated in the section; or - (ie) under section 232ZD (5) within the time stated in the section; or - (ii) for section 239A (4) within the time stated in section 239A (5) ; or - (iii) under section 325C (1) within the period stated in the section. - (a) address the matters prescribed by regulation; and - (b) be accompanied by information about the rights of review under this Act for the decision.