Barrister AI
All legislation
NTRule
In force
This is the latest official compilation.Check the official source →
r 15.07

Application for commutation

In force
Part 15Agreements and commutation
Division 2Commutation of compensation payments

15.07 Application for commutation

(1) An application for the purposes of section 74(1)(a) of the Act is to:

(a)

be in accordance with Form 15E; and

(b)

state the terms of the commutation; and

(c) contain a statement, made as an affidavit or statutory declaration, by the person making the application stating the facts to establish that, because of the small amount of regular payments of compensation under section 63 or 65 of the Act, the administrative costs in calculating and paying the compensation are disproportionate to the benefits received; and

(d) contain a statement, made as an affidavit or statutory declaration, by the person to whom compensation is payable that the person is fully aware of the effects of the proposed commutation in relation to future benefits under the Act.

(2) An application for the purposes of section 74(1)(b) of the Act is to:

(a)

be in accordance with Form 15F; and

(b)

state the terms of the commutation; and

(c) contain a statement, made as an affidavit or statutory declaration, by the worker stating the facts to establish that:

(i)

his or her condition has stabilized; and

(ii)

rehabilitation is complete; and

(iii) he or she is not totally incapacitated within the meaning of section 65(6) of the Act; and

(iv) he or she has received financial counselling before making the application; and

(v) he or she is fully aware of the effects of the proposed commutation in relation to future benefits under the Act.

(3)

An application under this rule is to be accompanied by:

(a) a statement of relevant particulars including the amount proposed to be commuted and, by the use of sub-totals, how that amount is calculated; and

(b)

all documents relevant to the proposed commutation.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.