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. S. 297(6) amended by No. 73/2016 s. 21(2). (6) In addition to the power conferred by subsection (4), ACCS may direct payment of weekly payments in respect of a period ending before the direction is given, but that period must not exceed 24 weeks. S. 297(7) amended by No. 73/2016 s. 21(2)(3). (7) If ACCS gives a direction or further direction to pay or continue to pay weekly payments, ACCS may also give a general direction to the Authority, employer or self-insurer, to pay, subject to and in accordance with Division 7 of Part 5 of this Act or Division 2B of Part IV of the **Accident Compensation Act 1985**, the reasonable costs of services specified in Division 7 of Part 5 of this Act or Division 2B of Part IV of the **Accident Compensation Act 1985** that were, or are to be, provided during the period specified in the direction under subsection (4) or (6), as the case may be. (8) Subsection (9) applies if— S. 297(8)(a) substituted by No. 5/2021 s. 17(2). (a) the dispute is, or includes, a dispute as to liability for— (i) payment of compensation, 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**; or (ii) payment of provisional payments under Division 10 of Part 5 of this Act or Division 2BA of Part IV of the **Accident Compensation Act 1985**; and S. 297(8)(b) amended by No. 73/2016 s. 21(3). (b) ACCS is satisfied that there is no genuine dispute with respect to such liability; and S. 297(8)(c) amended by No. 73/2016 s. 21(3). (c) ACCS has not given a direction under subsection (7). S. 297(9) amended by Nos 73/2016 s. 21(3), 5/2021 s. 17(3). (9) If this subsection applies, ACCS may give a general direction to the Authority, self‑insurer or employer to pay, subject to and in accordance with Division 7 or 10 of Part 5 of this Act or Division 2B or 2BA of Part IV of the **Accident Compensation Act 1985**, the reasonable costs of services specified in Division 7 or 10 of Part 5 of this Act or Division 2B or 2BA of Part IV of the **Accident Compensation Act 1985** but not exceeding $5000 in respect of the relevant injury. S. 297(10) amended by No. 73/2016 s. 21(2)(3). (10) For the purposes of this section, ACCS is to be taken to be satisfied that there is no genuine dispute if ACCS is satisfied that there is no arguable case in support of the denial of liability. S. 298 (Heading) amended by No. 15/2021 s. 31(1).