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Time limits

Section 81A - Disputes of liability for weekly payments and other benefits (see also 81A general information)

An employer who disputes liability to pay a claim for compensation must serve the worker with a written notice disputing liability to pay weekly payments and any benefits under Division 2 of Part VI in respect of the injury.

An employer must inform the worker of the reasons for disputing liability and must refer the matter to the Tribunal within 84 days of receiving the claim for compensation.

Section 77AB - Employers liability for expenses less than $5,000 if liability not accepted or determined (see also 77AB general information)

This section applies to an employer who has not accepted or is not to be taken to have accepted liability to pay compensation for an injury.  this section applies only to claims for expenses of not more than $5,000.

Within 28 days of receiving a claim for payment of an expense an employer must:

  1. Pay the expense; or
  2. If the employer believes the expense is not reasonable or necessary must serve the worker with a notice specifying why the expense is unreasonable or unnecessary; and
  3. Notify in writing the service provider who rendered the account that liability for the expense is disputed;
  4. Refer the dispute to the Tribunal

 

Section 86 - Cases in which employer may terminate or reduce weekly payments

A worker who has been served with a notice advising that the employer intends to terminate or reduce weekly payments and who wishes to dispute the termination of weekly payments must within a period of 60 days from the date on which the weekly payments were terminated or reduced refer the matter to the Tribunal for determination.

Section 77AA Disputes in relation to medical accounts where liability has been accepted or is taken to be accepted (see also 77AA general information)

Within 28 days of receiving a claim for payment of an expense an employer must pay the expense or serve the worker and the service provider with a notice in writing, disputing the claim and outlining the reasons why the employer disputes liability to pay the expense.

The employer must in their notice advise the worker of his or her right to refer the matter to the Tribunal for determination within 60 days of the date of service of the notice disputing liability to pay the expense.

An employer who fails to give notice disputing a claim as required by s77AA is deemed to have accepted liability to pay the expense claimed by the worker.