132ASettlement by agreement

132A Settlement by agreement

[Section 132A Inserted by No. 85 of 2009, s. 44, Applied:01 Jul 2010]

(1)  A worker's outstanding entitlements to compensation under this Act in respect of an injury may only be settled by an agreement to settle by which the worker agrees that all further claims to compensation are extinguished.

(2)  An agreement to settle that does not comply with this section is void.

(3)  A settlement by agreement of all a worker's outstanding entitlements to compensation may only be entered into, before the end of the period of 2 years beginning on the day on which a claim for compensation is first made in relation to the worker, if the agreement has been approved by the Tribunal under this section.

(4)  A worker, the employer or the employer's insurer may, in a form approved by the Tribunal, refer to the Tribunal for its approval a proposed agreement to settle, which may be in the form the parties think fit.

(5)  The Tribunal may approve, or refuse to approve, a proposed agreement to settle that is referred to it under subsection (4) .

(6)  The Tribunal may only approve under subsection (5) a proposed agreement to settle –

(a) if the Tribunal is satisfied that –

(i) all reasonable steps have been taken to enable the worker to whom the proposed agreement relates to be rehabilitated or retrained or to return to work; or

(ii) the worker has returned to work; or

(b) where the Tribunal has, on a reference to the Tribunal under section 81A , determined that there is a reasonably arguable case for disputing liability to pay compensation under this Act, if the Tribunal is satisfied that the proposed agreement is in the best interests of the worker; or

(c) if the Tribunal is satisfied that –

(i) special circumstances in relation to the worker make the worker's rehabilitation, retraining or return to work impracticable; and

(ii) the proposed agreement is in the best interests of the worker.