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Workplace Injury Rehabilitation and Compensation Act 2013
298Genuine disputes about certain matters
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298 Genuine disputes about certain matters
S. 298(1) amended by Nos 73/2016 s. 21(2)(3), 5/2021 s. 18(1)(a), 15/2021 s. 31(2).
(1) If ACCS is satisfied that there is a genuine dispute with respect to liability for payment of compensation referred to in section 297(1) and (2) or provisional payments referred to in section 297(2), compensation in the form of superannuation contributions or interest payable on an outstanding payment, ACCS must notify the person—
S. 298(1)(a) amended by No. 5/2021 s. 18(1)(b).
(a) who made the claim for compensation or request for provisional payments; or
S. 298(1)(b) amended by No. 5/2021 s. 18(1)(c).
(b) who was receiving compensation or provisional payments—
of that fact and that an application may be made to a court to determine the matter or, subject to section 301C, to ACCS to determine the matter by arbitration.
Note to s. 298(1) inserted by No. 8/2024 s. 23.
See section 301C(1) for matters that can be referred to arbitration.
S. 298(2) amended by Nos 73/2016 s. 21(2)(3), 5/2021 s. 18(2), 15/2021 s. 31(3).
(2) For the purposes of this section, ACCS is to be taken to be satisfied that there is a genuine dispute if ACCS is satisfied that there is an arguable case in support of the amount of compensation to which a claimant is entitled or the denial of liability for the payment of compensation or provisional payments.
S. 299 (Heading) amended by No. 73/2016 s. 21(5).