3.9.7 Contents of notice

The Agent is to ensure that the written notice contains the following information.

Grounds relied on

Quote the wording of the section of the legislation that is relevant to the decision in the statement of reasons for the decision where required.

Reasons

The Agent must possess and summarise the evidence, factual and/or medical, which supports the grounds relied on.

It is not valid to make a decision based on lack of evidence.

Decision

Clearly state the decision.

For example The decision is to reject the claim for compensation. If the decision is to terminate the weekly payments, the notice must also state the date when they will stop.

Appeal rights

Advise workers of details of any appeal rights.

See: Dispute resolution | Worker RTW obligations

Rejection reserves right to raise medical issue

The rejection notice should also reserve the right to raise any other relevant medical issue once an examination has taken place.

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3.9.8 Types of notices

Agents must give written notice of terminations or alterations of weekly payments where required by the legislation.

If the worker is not entitled to compensation or is no longer entitled to weekly payments the termination/alteration takes effect only if:

• written notice is given
• the notice must state the reasons for the termination or alteration. It must include:
• for a termination - when weekly payments will be stopped
• for alterations - the new rate of weekly payments and when payments at the new level will start.

Termination due to fraud

Termination of weekly payments for fraud has effect from the day the decision is made.

Written notice must be given stating:

• the reasons for giving notice of termination
• when weekly payments will be stopped.

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Reduction at 13, 26 or 52 weeks

A reduction in weekly payments on the expiry of 13, 26 or 52 weeks has effect if a written notice is given that includes:

• the reasons for giving notice
• the new rate of weekly payments and when they will start.

See: Reducing weekly payments

Reduction due to drink or drug driving

A reduction in weekly payments due to the worker’s conviction or finding of guilt relating to an act of drink or drug driving causing injury as a result of a transport accident Transport accident means a transport accident within the meaning of section 3(1) of the Transport Accident Act 1986 has effect if written notice is given and includes:

• the reasons for giving notice
• the new level of weekly payments and when they will start.

Weekly payments are reduced for an aggregate period of 130 weeks (whether consecutive or not) from the date on which notice of the reduction is given to the worker.

Weekly payments must not be reduced before the notice has been given.

Note: Agents must not disclose details of the worker’s conviction or finding of guilt to an employer.

Termination at end of second entitlement period

A termination of payments solely because of the expiry of the second entitlement period has effect if written notice is given and includes:

• the reasons for giving notice of termination
• the date when payments will be stopped.

The decision to terminate may be made before the end of the second entitlement period but does not take effect until the worker has reached the end of the second entitlement period.

The worker must be given 13 weeks' notice of the decision.

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