Work Injury Compensation Act 2019 · 2020 Revised Edition · Part 4 · Compensation Process
47E. Objection to notice of computation issued under section 47C(1)(a)
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Subsections (2) and (3) apply where —
the relevant PO’s insurer serves a notice of computation issued under section 47C(1)(a) on the following persons in accordance with section 47C(3):
any platform operator mentioned in section 47C(1) (other than the relevant platform operator) (Z);
any platform operator’s insurer (Y) of Z; and
Y or Z is aggrieved by the notice of computation in respect of —
Z’s liability to pay compensation in respect of the platform worker’s injury under this Act; or
the amount which Y must reimburse the relevant PO’s insurer in accordance with section 47C(6), or which Z must reimburse the relevant PO’s insurer in accordance with section 47C(7), as the case may be.
Y or Z must, before the expiry of 7 days after the date of service of the notice of computation on Y or Z (as the case may be), give the relevant PO’s insurer a notice in the form and manner required by the Commissioner.
Commissioner
“Commissioner” means the Commissioner for Labour appointed under section 3 of the Employment Act 1968;
Where the relevant PO’s insurer receives a notice given under subsection (2), the relevant PO’s insurer must, before the expiry of 14 days after the date the notice of computation is issued, give the Commissioner a notice of objection in the form and manner required by the Commissioner.
The relevant PO’s insurer must ensure that the notice of objection mentioned in subsection (3) accurately sets out all grounds of objection set out in the notice given by Y or Z (as the case may be) to the relevant PO’s insurer under subsection (2).
If —
Y or Z gives the relevant PO’s insurer a notice in accordance with subsection (2);
the relevant PO’s insurer fails to give the Commissioner a notice of objection in accordance with subsection (3); and
Y or Z has reason to believe that the relevant PO’s insurer’s failure to give the notice of objection to the Commissioner is due to any error or fraud by the relevant PO’s insurer,Y or Z may give the Commissioner a notice of objection before the expiry of 30 days after the period mentioned in subsection (2) in the form and manner required by the Commissioner.
The notice of objection mentioned in subsection (5) must state precisely the grounds of objection by Y or Z, as the case may be.
If a notice of objection is accepted under subsection (5) 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.
Where Y or Z —
gives the relevant PO’s insurer a notice in accordance with subsection (2); or
gives the Commissioner a notice of objection in accordance with subsection (5),the following applies:
Y’s obligation to reimburse the relevant PO’s insurer in accordance with section 47C(6), or Z’s obligation to reimburse the relevant PO’s insurer in accordance with section 47C(7) (as the case may be), remains in force despite Y or Z (as the case may be) notifying the objection;
Y’s payment of any amount to the relevant PO’s insurer in accordance with section 47C(6), or Z’s payment of any amount to the relevant PO’s insurer in accordance with section 47C(7), does not constitute an admission of liability by Y or Z in respect of —
Z’s liability to pay compensation in respect of the platform worker’s injury under this Act; or
the amount which Y must reimburse the relevant PO’s insurer in accordance with section 47C(6), or which Z must reimburse the relevant PO’s insurer in accordance with section 47C(7), as the case may be.
Without affecting any other provision of this Act relating to the Commissioner’s powers in determining the compensation payable under this Act, where a notice of objection is given under subsection (3) or (5), the Commissioner may —
review the notice of computation issued by the relevant PO’s insurer, with or without conducting a hearing; and
make either of the following orders:
an order affirming the notice of computation issued by the relevant PO’s insurer;
an order for the payment of compensation or refusal of compensation, as the Commissioner thinks just.
Where the Commissioner makes an order mentioned in subsection (9)(b)(ii), the order may additionally require the relevant PO’s insurer to refund any amount paid to the relevant PO’s insurer by Y or Z, as the case may be.
In a review under subsection (9)(b), the Commissioner must disregard any ground of objection that is not contained in the notice of objection given under subsection (3) or (5).
When making an order under subsection (9)(b), the Commissioner may also, subject to regulations made under section 82, order costs of and incidental to any proceedings before the Commissioner.