8KApproval of agreement—Schedule 3, clause 3(1)

#### 8K Approval of agreement—Schedule 3, clause 3(1) 8K Approval of agreement—Schedule 3, clause 3(1) > > (1) After receiving an application for approval of a pre-injury average weekly earnings agreement in accordance with clause 8J, the insurer is to determine whether to approve, or refuse to approve, the agreement. > > > (2) The insurer is to determine the application within 7 days after receiving the application (except as provided by subclause (3)). > > > (3) If the insurer has a reasonable excuse for not commencing provisional weekly payments of compensation, the insurer is to determine the application within 7 days after the earlier of the following— > > > > > (a) the insurer ceases to have a reasonable excuse for not commencing those weekly payments, > > > > > (b) the insurer accepts liability for weekly payments of compensation in respect of the injury. > > > (4) The insurer is to approve a pre-injury average weekly earnings agreement if satisfied that the agreed amount reasonably reflects the worker’s pre-injury earnings (excluding any earnings before or after the period of 52 weeks ending immediately before the date of the injury) and that the agreement is otherwise fair and reasonable. > > > (5) The insurer must not approve a pre-injury average weekly earnings agreement relating to a worker who is a person under legal incapacity. > > > (6) The insurer may decide to make weekly payments of compensation on the basis of the agreed amount of pre-injury average weekly earnings until the application for approval of the agreement is determined (an interim payment decision). > > > (7) For the avoidance of doubt, an interim payment decision is, for the purposes of clause 3 of Schedule 3 to the 1987 Act, a decision that is authorised to be made before the agreement can take effect. > > > > Note. > > > > Clause 3 of Schedule 3 to the 1987 Act provides that certain decisions authorised or required to be made by the regulations are taken not to be work capacity decisions for the purposes of Division 2 of Part 3 of that Act. > > > (8) The insurer is not to approve a pre-injury average weekly earnings agreement if, before the application for approval of the agreement was made, the insurer made a work capacity decision about the amount of the worker’s pre-injury average weekly earnings. > > > (9) The insurer is not to make a work capacity decision about the amount of the worker’s pre-injury average weekly earnings before the application for approval of the pre-injury average weekly earnings agreement is determined. > > > (10) As soon as practicable after an application is determined, the insurer must notify the worker and the employer of the determination. > > > (11) In this clause— > > > > person under legal incapacity includes the following persons— > > > > > (a) a child under the age of 18 years, > > > > > (b) an involuntary patient or forensic patient within the meaning of the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008), > > > > > (c) a person under guardianship within the meaning of the [Guardianship Act 1987](/view/html/inforce/current/act-1987-257), > > > > > (d) a protected person within the meaning of the [NSW Trustee and Guardian Act 2009](/view/html/inforce/current/act-2009-049), > > > > > (e) an incommunicate person, being a person with a physical or mental disability that prevents the person from receiving communications, or expressing their will, in relation to their property or affairs. > > **cl 8K:** Ins 2019 (455), Sch 1\[2\]. Am 2020 (744), Sch 3\[1\] \[2\].