South Australian Consolidated Acts (1) The Corporation
may on its own initiative and shall if requested by an employer or the person
to whom weekly payments are payable, review the amount of weekly payments
payable to any person under this Division.
(2) A request for a
review of the amount of weekly payments payable under this Division may not be
made within 6 months from the completion of an earlier review.
(3) The amount of the
weekly payments payable under this Division shall be reviewed at least once in
each year.
(4) On a review under
this section the Corporation shall make any necessary adjustments to the
amount of weekly payments—
(a) to
reflect changes in the income or earning capacity of the person to whom the
weekly payments are payable and any other relevant changes in the
circumstances of that person; and
(b)
where the review is an annual review conducted in pursuance of
subsection (3)—to reflect changes in the
average minimum award rates since payments were commenced under this Division
or an adjustment was last made under this section (as may be appropriate).
(5) For the purposes
of a review under this section, the Corporation may, by notice in writing to a
person who is receiving weekly payments under this Division, require that
person to produce evidence to the satisfaction of the Corporation of—
(a)
income;
(b)
earning capacity;
(c) any
other circumstances that are relevant to the payment, or the amount, of weekly
benefits.
(6) If a person fails
to comply with a requirement under subsection (5) within the time allowed
in the notice, the Corporation may suspend weekly payments to that person.
(7) Where the
Corporation proposes the reduction of weekly payments to a person on a review
under this section the Corporation shall, at least 21 days before the proposal
is to take effect, give notice in writing to the person—
(a)
containing such information as the regulations may require as to the grounds
on which weekly payments are to be reduced; and
(b)
informing the person of the person's rights to have the Corporation's decision
reviewed.