101Restrictions on commencing court proceedings about weekly payments

#### 101 Restrictions on commencing court proceedings about weekly payments 101 Restrictions on commencing court proceedings about weekly payments (cf former s 106FB) > > (1) A worker cannot commence court proceedings in respect of weekly payments of compensation unless a dispute about liability to commence or to continue to make weekly payments of compensation to the worker has been referred for conciliation under Division 3 and either— > > > > > (a) the conciliator has issued a conciliation certificate that indicates that conciliation was wholly or partially unsuccessful, or > > > > > (b) the conciliator has given a notification under section 95 (4) in respect of the dispute, or > > > > > (c) a period of 35 days (or such other period as may be prescribed by the regulations) has elapsed after the dispute was referred for conciliation, > > > > whichever happens first. > > > (2) Further, if the conciliator has issued a conciliation certificate indicating that conciliation was successful, the worker cannot commence court proceedings as referred to in subsection (1) unless a dispute about the liability has subsequently been referred for conciliation under Division 3 and either— > > > > > (a) the conciliator has issued a further conciliation certificate, or > > > > > (b) the conciliator has given a notification under section 95 (4) in respect of the dispute, or > > > > > (c) a period of 21 days (or such other period as may be prescribed by the regulations) has elapsed after the dispute was subsequently referred for conciliation, > > > > whichever happens first. > > > (3) A worker cannot refer a dispute about liability to commence or to continue to make weekly payments of compensation to the worker for conciliation under Division 3 until— > > > > > (a) the person on whom the claim is made has disputed liability to make the payments, or > > > > > (b) the time within which the person on whom the claim is made is required under section 93 to commence those payments (including any extension under section 93 (3)) has elapsed without the person commencing to make those payments (or the balance of the weekly payments in dispute), > > > > whichever happens first. > > > > Note. > > > > Section 93 allows up to 42 days for the commencement of weekly payments of compensation. > > > (4) A worker cannot commence court proceedings in respect of related compensation until this section allows the commencement of proceedings in respect of the weekly payments of compensation concerned. Related compensation is compensation under Division 3 of Part 3 of the 1987 Act that relates to the incapacity for work to which the weekly payments of compensation relate. > > > (5) This section does not prevent the commencement of court proceedings in any of the following circumstances— > > > > > (a) if the proceedings concern an application for a determination under section 53 of the 1987 Act, > > > > > (b) if the proceedings concern weekly payments of compensation that are the subject of an award already made by the Compensation Court, > > > > > (c) if the proceedings concern weekly payments of compensation in respect of an injury received before the commencement of the 1987 Act, > > > > > (d) any circumstances prescribed by the regulations. > > **s 101:** Am 2000 No 53, Sch 1.33 \[2\]; 2000 No 87, Sch 22.1 \[3\].