81Cancellation of insurer licence—Act, s 145J (h)

81 Cancellation of insurer licence—Act, s 145J (h) (1) This section applies to an insurer licence if— (a) a matter mentioned in section 80 (1) (a) applies to the insurer; and (b) either— (i) the regulator has taken action under section 80 (2), but the matter continues or is repeated; or (ii) the regulator considers immediate action is required because of a serious circumstance; and (c) the regulator gives notice under section 79 that the regulator proposes to cancel the licence. (2) After considering any written representation made by the insurer within the period for representations stated in the notice, the regulator may— (a) take action under section 80 (2); or (b) cancel the insurer licence. Action against insurers Division 9.3 Section 82 (3) For subsection (1) (b) (ii), a serious circumstance includes a circumstance in which the insurer— (a) fails to establish an injury management program under the Act, section 88 (Insurer to establish etc injury management program); or (b) fails to give effect to an injury management program under the Act, section 89 (Insurer to give effect to injury management program); or (c) fails to establish a personal injury plan for an injured worker under the Act, section 97 (Personal injury plan for worker with significant injury); or (d) contravenes a direction under the Act, section 114 (Unreasonableness in stopping payment); or (e) fails to comply with the regulator’s notice, or gives details that are false or misleading in a material respect, under the Act, section 164 (Provision of information to Minister). (4) The regulator must tell the insurer, in writing, about the decision— (a) if the decision is to take action other than suspension or cancellation—by giving the insurer a reviewable decision notice; or (b) if the decision is to suspend or cancel the insurer licence—in accordance with section 82.