297ACCS may give directions about payment of compensation

297 ACCS may give directions about payment of compensation

(1) In this section, a reference to a dispute as to liability to make or continue to make weekly payments includes a reference to a dispute as to—

(a) whether a worker has no current work capacity; or

(b) whether a worker has a current work capacity; or

(c) any other matter that affects the amount of weekly payments—

but does not include—

(d) a dispute as to compensation in the form of superannuation contributions; or

S. 297(1)(e) amended by No. 8/2024 s. 20(a).

(e) a reference of a matter under section 26(1);

S. 297(1)(f) inserted by No. 8/2024 s. 20(b).

(f) a dispute as to the degree of impairment of a worker as determined under section 167A.

S. 297(2) amended by No. 73/2016 s. 21(2).

(2) This section applies if a dispute relating to—

(a) a claim for weekly payments under this Act or the Accident Compensation Act 1985; or

(b) a continuation of weekly payments under this Act or the Accident Compensation Act 1985; or

(c) a claim for payment of compensation under Division 7 of Part 5 of this Act or Division 2B of Part IV of the Accident Compensation Act 1985; or

S. 297(2)(ca) inserted by No. 5/2021 s. 17(1).

(ca) a request for provisional payments under Division 10 of Part 5 of this Act or Division 2BA of Part IV of the Accident Compensation Act 1985; or

(d) payment, or continuation of payment, of compensation under Division 7 of Part 5 of this Act or Division 2B of Part IV of the Accident Compensation Act 1985—

has been referred to conciliation under this Division, but ACCS is unable to bring the parties to agreement by conciliation.

S. 297(3) amended by No. 73/2016 s. 21(3).

(3) If ACCS is satisfied that there is no genuine dispute with respect to the liability to make, or continue to make, weekly payments, ACCS may direct the Authority, employer or self-insurer, as the case may be, to pay, or continue to pay, compensation in accordance with the direction.

S. 297(4) amended by No. 73/2016 s. 21(2).

(4) A direction or further direction of ACCS under this section may require the Authority, employer or self-insurer to pay, or continue to pay, weekly payments for such period not exceeding 12 weeks as is specified in the direction.

S. 297(5) amended by No. 73/2016 s. 21(2).

(5) Nothing in this section prevents ACCS from giving a further direction or further directions for payment of compensation after the expiry of an earlier direction, except where the earlier direction is revoked by the court.