102Restrictions on commencing court proceedings for lump sum compensation

102 Restrictions on commencing court proceedings for lump sum compensation

102 Restrictions on commencing court proceedings for lump sum compensation

(cf former s 106FC)

(1) A worker cannot commence court proceedings in respect of compensation under section 66 of the 1987 Act unless a dispute about that compensation 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) a period of 42 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 compensation has subsequently been referred for conciliation under Division 3 and either—

(a) the conciliator has issued a further conciliation certificate, or

(b) 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 compensation under section 66 of the 1987 Act for conciliation under Division 3 until—

(a) 12 weeks after the claim for the compensation is duly made, or

(b) the person on whom the claim is made disputes liability to pay the compensation,

whichever happens first.

(4) If the person on whom a claim for compensation under section 66 of the 1987 Act is made has, within 12 weeks after that claim is duly made, duly applied under section 122 for reference of the matter to a medical panel, the worker can commence court proceedings in respect of that compensation 14 days after the panel has given its certificate under that section even if subsection (1) or (2) would otherwise prevent commencement of proceedings at that time.

(5) A worker cannot commence court proceedings in respect of compensation under section 67 of the 1987 Act for pain and suffering resulting from a loss or further loss, or for related compensation, until this section allows the commencement of proceedings in respect of compensation under section 66 of the 1987 Act for the loss or further loss. Related compensation is compensation under Division 3 of Part 3 of the 1987 Act that relates to that loss, further loss or pain and suffering.