Australian Capital Territory Numbered Regulations

WORKERS COMPENSATION REGULATIONS 2002 (NO 20 OF 2002) - REG 33

    (1)     This regulation applies to an approved rehabilitation provider if—

        (a)     the provider—

              (i)     fails to adequately fulfil the role of approved rehabilitation provider; or

              (ii)     fails to comply with a condition of the provider's approval; and

        (b)     the Minister has given the provider notice under regulation 32.

    (2)     After considering any written representation made by the rehabilitation provider within the period for representations stated in the notice, the Minister may—

        (a)     if the proposed action is to suspend the approval for a stated period—suspend the approval for not longer than the period, or do 1 or more of the things mentioned in paragraph (b); or

        (b)     if the proposed action is to do a thing mentioned in this paragraph—do 1 or more of the following:

              (i)     order the provider to pay to the Territory a financial penalty of not more than $1 000;

              (ii)     impose a condition on the provider's approval (for example, by including a condition providing for increased supervision of the provider by the Minister);

              (iii)     censure the provider;

              (iv)     order the provider to take remedial action.

    (3)     The Minister must tell the provider in writing about the decision—

        (a)     if the decision is to take action other than suspension—in a way that complies with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989 , section 25B (1); or

        (b)     if the decision is to suspend the provider's approval—under regulation 35 (What if Minister decides to suspend or revoke rehabilitation provider's approval?).

    (4)     In this regulation:

"proposed action"—see regulation 32 (Notice of proposed action on rehabilitation provider's approval).