Work Injury Compensation Act 2019 · 2020 Revised Edition · Part 4 · Compensation Process
47D. Objection to notice of computation issued under section 47B(3)
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Where any of the following persons is aggrieved by a notice of computation issued under section 47B(3) in relation to a claim, that person may give the Commissioner a notice of objection:
claim
“claim” means a claim for compensation under this Act and includes a deemed claim under section 35;
the claimant;
the platform operator or any other person named in the notice of computation as being liable to pay any compensation under the claim;
the platform operator’s insurer who issued the notice of computation.
A notice of objection under subsection (1) must state precisely the grounds of objection and must be given —
before the expiry of —
14 days after the date of service of the notice of computation; or
if the Commissioner is satisfied that the notice of objection was delayed by any error or fraud, other than by the person giving the notice of objection — 90 days after the period mentioned in sub-paragraph (i) expires; and
in the form and manner required by the Commissioner.
Any change to the computation of compensation due to the Medical Board’s assessment of incapacity is not an error for the purposes of subsection (2)(a)(ii).
Medical Board
“Medical Board” means the Medical Board appointed under section 57(1);
A person who has given a notice of objection may withdraw the objection by a notice given in the manner required by the Commissioner.
Commissioner
“Commissioner” means the Commissioner for Labour appointed under section 3 of the Employment Act 1968;
If a notice of objection in respect of a notice of computation is accepted under subsection (2)(a)(ii) after the notice of computation has the effect of an order of compensation under section 47B(5) —
order of compensation
“order of compensation” means any of the following orders:(a)a notice of computation that, under section 44(5), has the effect of an order of compensation;(b)a notice of assessment that, under section 48(3), has the effect of an order of compensation;(c)an order made under section 51(2)(a) to give effect to a settlement agreement;(d)an order of refusal of compensation made at a pre‑hearing conference under section 52(d);(e)an order of compensation or refusal of compensation made under section 54(1)(c);
that order of compensation ceases to have effect, unless it has been enforced under section 60, as modified by section 35B; and
if the notice of objection is withdrawn before the Commissioner makes an order of compensation, the order of compensation mentioned in paragraph (a) is deemed to have effect under section 47B(5) starting on the date of the withdrawal.