132ASettlement by agreement

### 132A Settlement by agreement > [*\[Section 132A Inserted by No. 85 of 2009, s. 44, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2009-085#GS44@EN) > > > (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)](#GS132A@Gs4@EN) . > > > (6)  The Tribunal may only approve under [subsection (5)](#GS132A@Gs5@EN) 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](#GS81A@EN) , 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. > > > (7)  The Tribunal may only approve under [subsection (5)](#GS132A@Gs5@EN) a proposed agreement to settle if the Tribunal is satisfied that – > > > > > > (a) the worker has received advice (which may be legal or financial advice or both) about the implications of settling the claim, which advice has been paid by the employer or the employer's insurer and is appropriate in the circumstances of the worker; and > > > > > > > (b) the entitlement, if any, of the worker under [section 71](#GS71@EN) has been considered. > > > (8)  If the Tribunal refuses to approve under [subsection (5)](#GS132A@Gs5@EN) a proposed agreement to settle – > > > > > > (a) the Tribunal is not to make any order as to the amount of the settlement; and > > > > > > > (b) a party to the claim may refer to the Tribunal under [subsection (4)](#GS132A@Gs4@EN) another proposed agreement to settle. > > > (9)  If a worker's outstanding entitlements to compensation are settled by agreement between the parties after 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, the worker, the employer or the employer's insurer may refer the agreement to settle to the Tribunal for review. > > > (10)  A referral under [subsection (9)](#GS132A@Gs9@EN) of an agreement to settle – > > > > > > (a) must be made within 3 months of the date of the agreement; and > > > > > > > (b) is to be in a form approved by the Tribunal. > > > (11)  The Tribunal may set aside an agreement to settle referred to the Tribunal under [subsection (9)](#GS132A@Gs9@EN) if the Tribunal is of the opinion that – > > > > > > (a) a party entered the agreement under duress; or > > > > > > > (b) the worker has not received advice (which may be legal or financial advice, or both) about the implications of settling the claim, which advice has been paid by the employer or the employer's insurer and is appropriate in the circumstances of the worker; or > > > > > > > (c) a party was induced to enter the agreement by a misrepresentation, made by another party to, or the agent of a party to, the agreement, as to a fact material to the agreement, whether the misrepresentation was innocent, fraudulent or reckless. > > > (12)  If the Tribunal sets aside an agreement to settle under [subsection (11)](#GS132A@Gs11@EN)  – > > > > > > (a) the Tribunal is not to make any order as to the amount of the settlement; and > > > > > > > (b) the Tribunal must make the order it considers appropriate in respect of the repayment of any money paid under the agreement or the application of the money towards any entitlements of the worker; and > > > > > > > (c) the parties may enter into another agreement to settle the claim. > > > (13)  The Tribunal is to order that the costs reasonably incurred by a worker of and incidental to a referral under this section to the Tribunal of an agreement to settle, or a proposed agreement to settle referred to in [subsection (3)](#GS132A@Gs3@EN) , are to be paid by the worker's employer, unless – > > > > > > (a) the worker referred the agreement; and > > > > > > > (b) the Tribunal is satisfied the referral was frivolous or vexatious.