S17. Section 39 Notification

Commencement date: 21 October 2019

Providing early notification before cessation of weekly payments helps to ensure that workers have sufficient time to prepare for cessation and make any necessary arrangements.

Principle

Workers affected by the 260-week limit to weekly payments will be provided with appropriate notice before the cessation of weekly payments.

Application

This standard does not apply to exempt workers

ExpectationsBenchmarks
S17.1

Insurers are to provide written notification to a worker before ceasing weekly entitlements in accordance with section 39 of the 1987 Act and must include:

  • the date on which payments will cease and the date the last payment will be processed
  • supporting documentation for the assessment of permanent impairment
  • the date on which entitlement to medical benefits will cease
  • information regarding the worker’s entitlement to vocational and return to work assistance programs
  • information on how to contact Centrelink, and
  • who to contact for further information (including WIRO).

Notification provided at least 13 weeks before cessation of weekly payments

Workers affected by the 260-week (five year) limit to weekly payments under section 39 of the 1987 Act should be provided with appropriate notification before the cessation of weekly payments.

Throughout the life of the claim, the insurer is required to communicate regularly with the worker, employer and stakeholders regarding the number of weeks paid.

Insurers should start planning well in advance for cases where a worker is approaching 260 weeks of weekly payments. Communications should clearly inform how the insurer has counted the entitlement weeks so that it can be easily understood.

Providing early notification prior to cessation of weekly payments helps to ensure that workers have sufficient time to prepare for cessation and make any necessary arrangements

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