116Failure to comply with Division 3

116 Failure to comply with Division 3 (1) This section applies if a worker does not comply with an obligation of the worker imposed under Division 3. (2) If this section applies, the Authority or self-insurer may, in accordance with this section— (a) suspend the payment of compensation in the form of weekly payments to the worker; or (b) terminate the payment of compensation in the form of weekly payments to the worker; or (c) cease and determine the entitlement of the worker to compensation in the form of weekly payments. (3) If the Authority or self-insurer seeks to suspend payments of compensation under subsection (2)(a), the Authority or self-insurer must give written notice to the worker stating— (a) the reason for the giving of the notice; and (b) that unless the worker complies with the obligation under Division 3 specified in the notice, weekly payments to the worker will be suspended from the date specified in the notice which must be a date at least 14 days, but no more than 60 days, after notice is given; and (c) the consequences of failing to comply as specified in the notice. (4) If the worker fails to comply with a written notice under subsection (3), the Authority or self-insurer may suspend the payment of weekly payments to the worker for a period of 28 days after the date specified in the notice referred to in subsection (3)(b). (5) If the worker complies with the obligation specified in the notice under subsection (3) during the period that weekly payments are suspended under subsection (4), the Authority or self-insurer must, subject to and in accordance with this Act or the **Accident Compensation Act 1985**, resume the payment of weekly payments with effect from the date on which the worker complied with the obligation. (6) If subsection (5) applies— (a) the worker forfeits any compensation in the form of weekly payments that would otherwise have been made during the period of suspension until the worker complied with the obligation; and (b) that period is included in determining the first entitlement period or the second entitlement period under this Act or the **Accident Compensation Act 1985**. (7) If the worker does not comply with the obligation specified in the notice under subsection (3) for the entire period that weekly payments are suspended under subsection (4)— (a) the worker forfeits any compensation in the form of weekly payments that would otherwise have been made during the period of suspension; and (b) that period is included in determining the first entitlement period or the second entitlement period under this Act or the **Accident Compensation Act 1985**; and (c) the Authority or self-insurer may terminate the payment of compensation in the form of weekly payments to the worker by written notice stating the reasons for giving the notice. (8) If the worker— (a) does not comply with the obligation specified in the notice under subsection (3) for the entire period that weekly payments are suspended under subsection (4); and (b) has within the last 12 months prior to the giving of the notice referred to in paragraph (a)— (i) been given 2 notices under subsection (3) without a subsequent suspension of weekly payments; or (ii) had compensation in the form of weekly payments suspended once under subsection (4)— the Authority or self-insurer may cease and determine the entitlement to compensation in the form of weekly payments by written notice given to the worker stating the reasons for giving the notice. (9) Division 3 of Part 5 of this Act and section 114 of the **Accident Compensation Act 1985** do not apply to a notice given under this section. (10) This section does not derogate from any other provision of this Act or the **Accident Compensation Act 1985**.