3.9.9 Period of notice
Notices are issued to meet legislative timelines and to ensure that workers and employers are aware of the worker’s entitlements.
Agents must not terminate or reduce weekly payments during a period of incapacity without giving the worker the required period of notice.
See: Time limits that apply when determining liability
Agents must allow time for postage in addition to the period of notice. The specified times for each method of postage differ and must be taken into account when calculating the period of notice.
See: Service of adverse determination notices
Terminations due to expiry of second entitlement period
If the termination of weekly payments is solely on the grounds of the expiry of the second entitlement period the period of notice is 13 weeks (91 days) plus time for postage if the notice is sent by post.
A reminder letter should be sent to the worker and if applicable, the employer 28 days before the termination takes effect.
Other terminations and reductions
For other terminations and reductions:
|If the worker has been continuously receiving weekly payments||The period of notice|
|less than 12 weeks||0 days plus postage|
|at least 12 weeks but less than one year||14 days plus postage|
|one year (52 weeks) or more||28 days plus postage|
Start of period of notice
The period of notice starts from the date the worker receives the notice and this will depend on how the notice is served, ie by post or email.
See: Service of adverse determination notices
Workers who are convicted or found guilty of drink or drug driving or a serious road traffic offence re a transport accident which caused the injury
On becoming aware that a worker who is receiving or is entitled to receive weekly payments has been convicted or found guilty of a drink driving, drug driving or serious road traffic offence which caused the worker injury, Agents must give written notice to the worker of their decision to reduce or terminate weekly payments.
The reduction or termination takes effect from the date on which the notice is given to the worker. This will depend on the method of service.
3.9.10 Terminate weekly payments after second entitlement period
Where a worker continues to receive weekly payments after the second entitlement period because they have returned to work, weekly payments can be terminated as the:
- worker no longer satisfies the criteria under which they were approved
- Agent has evidence that the worker has a capacity to increase their hours of work
- worker otherwise ceases to be entitled to weekly payments for example, fraud.
If the Agent determines that a person no longer has an entitlement to weekly payments after the second entitlement period, the termination must be in accordance with the legislation.
The required period of notice where a worker has been receiving weekly payments after the second entitlement period and those payments are terminated is:
- 28 days if the worker ceases to be entitled to such payments or
- 13 weeks if the termination is because the employer has withdrawn the employment. The 13 weeks starts on the day the employer informs the worker of the withdrawal.
3.9.11 Exceptions to notice required
Whilst not required by the legislation, WorkSafe recommends that Agents give notice to workers when terminating or altering weekly payments if the worker:
- has returned to work, either as a self-employed person or in employment and continues to claim weekly payments
- has CWE Current Weekly Earnings and the amount of the worker’s CWE alters
- has voluntarily reduced their CWE or removed themselves from employment for reasons unrelated to their incapacity
- was injured within 130 weeks before retirement age and 130 weeks of weekly payments have been received
- was injured after retirement age and 130 weeks of weekly payments have been received
- received weekly payments for an incapacity after retirement age for a pre-retirement claim
- has reached retirement age
- receives superannuation or retirement pensions and lump sums and disability pensions that exceed the supplemental pension limit
- no longer lives in Australia
- is in prison.
The termination or alteration of weekly payments in the above circumstances has effect without the giving of notice and from the day on which the circumstances establishing the relevant grounds first arose. In effect, the date on which the Agent makes the decision is the date from which the alteration or termination is effective as no notice period applies.
It should be noted that a worker’s weekly payments are not to be terminated solely on the ground that the worker has returned to full time work.