Workplace Injury Rehabilitation and Compensation Act 2013

In addition to other grounds under this Act for termination or alteration of weekly payments, the Authority or a self-insurer—

may increase or reduce weekly payments on the ground that there is not, or is no longer, an entitlement to weekly payments of the existing amount; or

may terminate weekly payments on the ground that—

the worker is not entitled to compensation under Division 3 of Part 2 or Division 2 of this Part; or

the worker is not, or is no longer, entitled to weekly payments; or

may terminate or alter weekly payments on the ground that—

the worker has returned to any work whether as a self-employed person or in employment; or

in the case of a worker who has current weekly earnings, the amount of the worker's current weekly earnings alters; or

payments for regular overtime or shift allowances are no longer included in the worker's pre-injury average weekly earnings; or

a non-pecuniary benefit within the meaning of section 155(1)(d) or 156(1)(b) is varied or no longer paid; or

a non-pecuniary benefit provided by an employer in the circumstances referred to in paragraph (b) of the definition of deductible amount is varied or no longer paid.

A termination or alteration of weekly payments on a ground specified in subsection (1)(a) or (b) has effect—

only if written notice in accordance with section 188 is given; and

after the expiry of the required notice period.

A termination or alteration of weekly payments on a ground specified in subsection (1)(c) has effect—

without the giving of notice; and

as from the day on which the circumstances establishing the ground first arise.

The Authority or a self-insurer may terminate weekly payments if it considers that payments were obtained fraudulently.

A termination of weekly payments on the ground specified in subsection (4) has effect—

if written notice in accordance with section 188 is given; and

as from the day (whether before, on or after the giving of the notice) on which the Authority or self-insurer makes the decision.