81ADisputes of liability for weekly payments and other benefits

### 81A Disputes of liability for weekly payments and other benefits > *\[Section 81A Inserted by No. 50 of 1992, s. 9 \]* > > > (1)  [*\[Section 81A Subsection (1) amended by No. 65 of 2004, s. 24, Applied:17 Dec 2004\]*](/view/html/inforce/2004-12-17/act-2004-065#GS24@Hpa@EN) *\[Section 81A Subsection (1) amended by No. 16 of 1995, s. 55 \]*[*\[Section 81A Subsection (1) substituted by No. 99 of 2000, s. 52, Applied:01 Jul 2001\]*](/view/html/inforce/2001-07-01/act-2000-099#GS52@Hpa@EN) An employer who disputes liability to pay compensation by way of weekly payments for an injury referred to in [section 81](#GS81@EN) [(1)](#GS81@Gs1@EN) or benefits under [Division 2](#HPVI@HD2@EN) of [Part VI](#HPVI@EN) must, within 84 days of receiving the claim for compensation in respect of the injury to the worker – > > > > > > (a) serve the worker with written notice that the employer disputes liability – > > > > > > > > > > (i) to pay compensation by way of weekly payments; or > > > > > > > > > > > (ii) to pay any benefits payable under [Division 2](#HPVI@HD2@EN) of [Part VI](#HPVI@EN) in respect of the injury; and > > > > > > > (b) inform the worker of the reasons for disputing liability; and > > > > > > > (c) refer the matter to the Tribunal. > > > (2)  *\[Section 81A Subsection (2) amended by No. 16 of 1995, s. 55 \]*[*\[Section 81A Subsection (2) substituted by No. 99 of 2000, s. 52, Applied:01 Jul 2001\]*](/view/html/inforce/2001-07-01/act-2000-099#GS52@Hpa@EN) [*\[Section 81A Subsection (2) substituted by No. 65 of 2004, s. 24, Applied:17 Dec 2004\]*](/view/html/inforce/2004-12-17/act-2004-065#GS24@Hpb@EN) The referral of a matter to the Tribunal is to be accompanied by – > > > > > > (a) the prescribed fee; and > > > > > > > (b) all evidentiary material on which the employer intends to rely at the hearing of the matter. > > > (2AA)  [*\[Section 81A Subsection (2AA) inserted by No. 65 of 2004, s. 24, Applied:17 Dec 2004\]*](/view/html/inforce/2004-12-17/act-2004-065#GS24@Hpb@EN) If an employer fails to lodge evidentiary material under [subsection (2)(b)](#GS81A@Gs2@Hpb@EN) , the employer may not rely on that material unless the Tribunal otherwise allows. > > > (2A)  [*\[Section 81A Subsection (2A) amended by No. 65 of 2004, s. 24, Applied:17 Dec 2004\]*](/view/html/inforce/2004-12-17/act-2004-065#GS24@Hpc@EN) *\[Section 81A Subsection (2A) inserted by No. 16 of 1995, s. 55 \]*Where a matter is referred to the Tribunal under [subsection (1)](#GS81A@Gs1@EN) , the Tribunal may authorise the Registrar to determine whether a reasonably arguable case exists concerning the liability of the employer to pay– > > > > > > (a) compensation by way of weekly payments; or > > > > > > > (b) the cost of any benefits payable under [Division 2](#HPVI@HD2@EN) of [Part VI](#HPVI@EN) in respect of the injury to the worker. > > > (2B)  *\[Section 81A Subsection (2B) inserted by No. 16 of 1995, s. 55 \]*The Registrar is to advise the Tribunal of the Registrar's determination. > > > (2C)  *\[Section 81A Subsection (2C) inserted by No. 16 of 1995, s. 55 \]*The Tribunal may make an order giving effect to the Registrar's determination. > > > (3)  *\[Section 81A Subsection (3) amended by No. 16 of 1995, s. 55 \]*The Tribunal must – > > > > > > (a) if the Tribunal considers that weekly payments should be made, order the employer to make weekly payments from such date as the Tribunal determines; or > > > > > > > (b) if the Tribunal considers that the cost of any benefits payable under [Division 2](#HPVI@HD2@EN) of [Part VI](#HPVI@EN) in respect of the injury to the worker should be paid, order the employer to pay the cost of the benefits from such date as the Tribunal determines; or > > > > > > > (c) [*\[Section 81A Subsection (3) amended by No. 65 of 2004, s. 24, Applied:17 Dec 2004\]*](/view/html/inforce/2004-12-17/act-2004-065#GS24@Hpd@EN) if the Tribunal considers that a reasonably arguable case exists concerning the liability of the employer to pay compensation by way of weekly payments, determine that compensation is not to be paid by the employer; or > > > > > > > (d) [*\[Section 81A Subsection (3) amended by No. 65 of 2004, s. 24, Applied:17 Dec 2004\]*](/view/html/inforce/2004-12-17/act-2004-065#GS24@Hpe@EN) if the Tribunal considers that a reasonably arguable case exists concerning the liability of the employer to pay the cost of any benefits payable under [Division 2](#HPVI@HD2@EN) of [Part VI](#HPVI@EN) in respect of the injury to the worker, determine that the cost of the benefits is not to be paid by the employer. > > > (4)  *\[Section 81A Subsection (4) amended by No. 16 of 1995, s. 55 \]*The fact that the Tribunal has determined under [subsection (3)](#GS81A@Gs3@EN) that weekly payments should be made, or that the cost of any benefits payable under [Division 2](#HPVI@HD2@EN) of [Part VI](#HPVI@EN) in respect of the injury to the worker should be paid, is not to be taken into account by the Tribunal in any other proceedings under this Act. > > > (5)  [*\[Section 81A Subsection (5) amended by No. 99 of 2000, s. 52, Applied:01 Jul 2001\]*](/view/html/inforce/2001-07-01/act-2000-099#GS52@Hpc@EN) [*\[Section 81A Subsection (5) amended by No. 99 of 2000, s. 52, Applied:01 Jul 2001\]*](/view/html/inforce/2001-07-01/act-2000-099#GS52@Hpb@EN) *\[Section 81A Subsection (5) amended by No. 16 of 1995, s. 55 \]**\[Section 81A Subsection (5) amended by No. 48 of 1996, s. 14 \]*Notwithstanding that liability has not been disputed in accordance with [subsection (1)](#GS81A@Gs1@EN) , an employer who wishes to dispute liability to continue to pay compensation by way of weekly payments for an injury referred to in [section 81](#GS81@EN) [(1)](#GS81@Gs1@EN) or to pay the cost of any benefits payable under [Division 2](#HPVI@HD2@EN) of [Part VI](#HPVI@EN) in respect of the injury may, at any time after the expiration of the period referred to in [subsection (1)](#GS81A@Gs1@EN) , refer the matter to the Tribunal. > > > (6)  *\[Section 81A Subsection (6) inserted by No. 16 of 1995, s. 55 \]*For the purposes of this section, the Tribunal or the Registrar may conduct any hearing the Tribunal or the Registrar considers necessary by any appropriate means including, but not limited to, a telephone conference.