Withdrawal of pre-injury average weekly earnings agreement—Schedule 3, clause 3(2) and (3)
8M Withdrawal of pre-injury average weekly earnings agreement—Schedule 3, clause 3(2) and (3)
A party to a pre-injury average weekly earnings agreement approved under this Division may withdraw from the agreement at any time by giving notice in writing to the other party and to the insurer.
Within 7 days after receiving notice of the withdrawal, the insurer is to—
determine the amount of the pre-injury average weekly earnings that applies to the worker for the purposes of Division 2 of Part 3 of the 1987 Act, and
give the worker and the employer notice in writing of the withdrawal from the agreement and of the amount determined in accordance with paragraph (a).
A decision of the insurer under this clause determining the applicable amount of pre-injury average weekly earnings takes effect on the date of the notice under subclause (2)(b).
However, subclause (3) does not limit the application of clause 8N in respect of any payment increase decision.
Note.
See also section 80 of the 1998 Act with respect to the required period of notice for the reduction of weekly payments.
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