South Australian Consolidated Acts

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WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 45

45—Review of weekly payments

        (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.



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