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SEAFARERS REHABILITATION AND COMPENSATION ACT 1992 - SECT 79

Time limit for reconsideration of determinations

  (1)   If a claimant requests an employer to reconsider a determination made by the employer, the employer must reconsider the determination before the later of the following times:

  (a)   the end of the period of 60 days after the employer receives the request;

  (b)   if, at the written request of the employer, the Authority, by written notice served on the employer, allows a further period or further periods for the determination of the liability--the end of that period or those periods, as the case may be.

  (2)   If the employer, by notice under section   83 given to the claimant within the period referred to in paragraph   (1)(a) (or, if that period has been increased under subsection   (3), within that period as so increased), requests the claimant to give information or a document or a copy of a document, or an authority to obtain information or a document or a copy of a document, that period is increased or further increased, as the case may be, by the number of days occurring after the day on which the request was made and before the day on which the employer receives the information, the document or copy of the document or the authority, as the case may be.

  (3)   If the employer, by notice under section   83A given to the claimant within the period referred to in paragraph   (1)(a) (or, if that period has been previously increased under subsection   (2), within that period as so previously increased), requires the employee to undergo an examination by a medical practitioner and requires the claimant to give the employer the report by the medical practitioner of the results of the examination, that period is increased, or that period as so previously increased is further increased, as the case may be, by the number of days occurring after the day on which the request was made and before the day on which the employer receives the report.

  (4)   A request under paragraph   (1)(b) must state fully and in detail the circumstances concerning, and the reasons for, the employer's request for the Authority to allow a longer period.

  (5)   A notice under paragraph   (1)(b) does not have any effect unless it is served on the employer before the end of the period by which, apart from the notice, the employer would be required to reconsider the determination (including any period previously allowed under that paragraph).

  (6)   If the employer has not determined the claim by the end of the period allowed by this section, the employer is taken to have made a decision, at the end of that period, disallowing the claim.



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