77AAEmployer to pay claim or refer it to Tribunal

### 77AA Employer to pay claim or refer it to Tribunal > [*\[Section 77AA Inserted by No. 99 of 2000, s. 41, Applied:01 Jul 2001\]*](/view/html/inforce/2001-07-01/act-2000-099#GS41@EN) [*\[Section 77AA Substituted by No. 65 of 2004, s. 21, Applied:17 Dec 2004\]*](/view/html/inforce/2004-12-17/act-2004-065#GS21@EN) > > > (1AA)  [*\[Section 77AA Subsection (1AA) inserted by No. 85 of 2009, s. 25, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2009-085#GS25@Hpa@EN) [Subsection (1)](#GS77AA@Gs1@EN) applies to an employer of a worker if – > > > > > > (a) the employer has accepted, or is to be taken under [section 81AB](#GS81AB@EN) to have accepted, liability to pay compensation in accordance with this Act for an injury to the worker; or > > > > > > > (b) the employer has been determined by the Tribunal or a court to be liable to pay compensation in accordance with this Act for an injury to the worker. > > > (1)  [*\[Section 77AA Subsection (1) amended by No. 85 of 2009, s. 25, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2009-085#GS25@Hpb@EN) Within 28 days after receiving a claim for payment of an expense under this Division, an employer to whom this section applies – > > > > > > (a) must pay the expense; or > > > > > > > (b) must – > > > > > > > > > > (i) serve the worker with notice in writing disputing the claim; and > > > > > > > > > > > (ii) notify in writing the service provider who rendered the account that liability for the expense is disputed and outline the reasons why the employer disputes liability to pay the expense. > > > > Penalty:  [*\[Section 77AA Subsection (1) amended by No. 42 of 2007, s. 22, Applied:31 Oct 2007\]*](/view/html/inforce/2007-10-31/act-2007-042#GS22@EN) Fine not exceeding 20 penalty units. > > > (2)  A notice disputing a claim is to – > > > > > > (a) state that the employer disputes liability to pay the expense; and > > > > > > > (b) give the reasons why the employer disputes liability to pay the expense; and > > > > > > > (c) attach or identify with particularity such medical or other evidence as the employer relies on for disputing liability to pay the expense; and > > > > > > > (d) inform the worker of his right, within 60 days from the date of service of the notice, to refer the matter to the Tribunal; and > > > > > > > (e) state whether the employer disputes – > > > > > > > > > > (i) only the expense to which the claim relates; or > > > > > > > > > > > (ii) all expenses of a specified kind or incurred with an identified provider of medical, hospital, nursing, constant attendance, rehabilitation or ambulance services, or travelling and maintenance expenses related to the provision of such services; or > > > > > > > > > > > (iii) liability to pay expenses of any kind whatsoever claimed by the worker under Division 2 of Part VI. > > > (3)  Where an employer gives notice disputing expenses of a kind referred to in [subsection (2)(e)(ii)](#GS77AA@Gs2@Hpe@Hqii@EN) , the employer need not comply with this section in respect of any claim subsequently received from the worker for payment of an expense of the same kind, or incurred with the same provider, as identified in the notice, until the Tribunal has determined a matter referred to it by the worker in respect of the notified dispute. > > > (4)  [*\[Section 77AA Subsection (4) amended by No. 85 of 2009, s. 25, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2009-085#GS25@Hpc@EN) Where an employer gives notice disputing expenses of a kind referred to in [subsection (2)(e)(iii)](#GS77AA@Gs2@Hpe@Hqiii@EN) , the employer need not comply with this section in respect of any claim subsequently received from the worker for payment of any expense under this Division until the Tribunal has determined a matter referred to it by the worker in respect of the notified dispute. > > > (5)  A worker who is served with notice of dispute may, within 60 days after the date of service, refer the matter to the Tribunal. > > > (6)  An employer who fails to give notice disputing a claim as required by this section is deemed to have accepted liability to pay the expense claimed by the worker. > > > (7)  In proceedings before the Tribunal, the onus of proving that the worker is not entitled to the payment of the disputed expense lies on the employer.