Commonwealth Consolidated Acts

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SEAFARERS REHABILITATION AND COMPENSATION ACT 1992 - SECT 78

Reconsiderations of determinations

  (1)   An employer may, on the employer's own initiative, reconsider a determination made by the employer, whether or not a proceeding has been instituted or completed under this Part   in respect of a reviewable decision made in relation to that determination.

  (2)   A claimant may, by notice in writing given to an employer, request the employer to reconsider a determination made by the employer.

  (3)   A request for reconsideration of a determination must:

  (a)   set out the reasons for the request; and

  (b)   be given to the employer within 30 days after the day on which the determination first came to the notice of the claimant, or within such further period (if any) as the employer, either before or after the end of that 30 day period, allows.

  (4)   On receipt of a request, the employer must for the purposes of this section:

  (a)   if the employer is a party to a collective agreement or a pre - reform certified agreement that relates to industry panels--arrange for an industry panel; or

  (b)   in any other case--arrange with Comcare for a Comcare officer;

to assist the employer in reconsidering the determination under subsection   (5).

  (5)   After making arrangements under paragraph   (4)(a) or (b), the employer must, with the assistance of the industry panel or the Comcare officer, reconsider the determination.

  (6)   After an employer reconsiders a determination, the employer must make a decision affirming or revoking the determination or varying the determination in such manner as the employer thinks fit.

  (7)   In this section:

"industry panel" means an industry panel established under an industrial agreement for the purposes of assisting the employer in reconsidering a determination under this section.



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