44Power of Secretary to terminate payments in certain cases

44 Power of Secretary to terminate payments in certain cases

(1)  [Section 44 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] *[Section 44 Subsection (1) amended by No. 44 of 1993, s. 14 and Sched. 1 and s. 15 and Sched. 2 ]*Where it appears to the Secretary that an employee to whom a sum by way of compensation is payable under this Act ought, on account of his neglect of his spouse, children, or other dependants, to be deprived of any part of that sum, or that the terms on which, or the manner in which, the sum is payable to him ought to be varied, the Secretary may cease to pay that sum to the employee, and may, if in his or her opinion the circumstances warrant it, pay the sum of which the employee has been deprived to, or for the benefit of, any member of his family, as in the circumstances he or she thinks just.

(2)  [Section 44 Subsection (2) amended by No. 7 of 2025, s. 280, Applied:01 Jul 2025] *[Section 44 Subsection (2) amended by No. 44 of 1993, s. 14 and Sched. 1 ]*An employee who is aggrieved by a decision of the Secretary under subsection (1) of this section may appeal to the Tasmanian Civil and Administrative Tribunal for a review of the decision.

(3)  [Section 44 Subsection (3) omitted by No. 7 of 2025, s. 280, Applied:01 Jul 2025] .  .  .  .  .  .  .  .  

(4)  [Section 44 Subsection (4) amended by No. 7 of 2025, s. 280, Applied:01 Jul 2025] The decision of the Tasmanian Civil and Administrative Tribunal on the hearing of an appeal under subsection (2) of this section is final.