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s 104

Requirement for evidence in relation to fitness for work etc

In force
Chapter 2Motor accident injuries—defined benefits
Part 2.4Defined benefits—income replacement benefits
Division 2.4.4Income replacement benefits—injured person’s obligations

104 Requirement for evidence in relation to fitness for work etc

(1)

An injured person receiving income replacement benefit payments must give the relevant insurer for the motor accident the following information in relation to the period for which the person is receiving the payments:

(a)

a certificate in relation the person’s fitness for work (a fitness for work certificate) for the stated period;

(b)

if the person has previously given the insurer a fitness for work certificate—a declaration signed by or on behalf of the person about whether the person has undertaken any paid work since giving the insurer the previous fitness for work certificate (a work declaration).

Note 1 For how documents may be given, see the Legislation Act, pt 19.5.

Note 2 It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

(2)

A fitness for work certificate has no effect to the extent that it applies to a period more than 13 weeks before the date of the certificate.

(3)

The MAI guidelines may make provision in relation to the following:

(a)

the form and contents of fitness for work certificates and work declarations;

(b)

who is to give a fitness for work certificate;

(c)

the period to which a fitness for work certificate may apply;

(d)

when a fitness for work certificate or work declaration must be given;

(e)

the consequences of failing to give an insurer a fitness for work certificate or work declaration.

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