Australian Capital Territory Numbered Regulations

WORKERS COMPENSATION REGULATIONS 2002 (NO 20 OF 2002) - REG 82

    (1)     This regulation applies to an insurer's approval if—

        (a)     a matter mentioned in regulation 81 (1) (a) (Action other than revocation of insurer's approval) applies to the insurer; and

        (b)     either—

              (i)     the Minister has done a thing mentioned in regulation 81 (2) (Action other than revocation of insurer's approval), but the matter continues or is repeated; or

              (ii)     the Minister considers the matter serious; and

        (c)     the Minister gives notice under regulation 80 (Notice of proposed action on insurer's approval) that the Minister proposes to revoke the approval.

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

        (a)     do 1 or more of the things mentioned in regulation 81 (2) (Action other than revocation of insurer's approval); or

        (b)     revoke the insurer's approval.

    (3)     Without limiting subregulation (1) (b) (ii), a serious matter includes the following:

        (a)     failing to establish an injury management program under the Act, section 88 (Insurer to establish etc injury management program);

        (b)     failing to give effect to an injury management program under the Act, section 89 (Insurer to give effect to injury management program);

        (c)     failing to establish a personal injury plan for an injured worker under the Act, section 97 (Personal injury plan for worker with significant injury);

        (d)     contravening a direction under the Act, section 114 (Unreasonableness in stopping payment);

        (e)     failing to comply with the Minister's notice, or giving details that are false or misleading in a material respect, under the Act, section 163 (Provision of information to Minister).

    (4)     The Minister must tell the insurer in writing about the decision—

        (a)     if the decision is to take action other than suspension or revocation—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 or revoke the insurer's approval—under regulation 83.