A Cease and Determine is a decision to cease a worker’s entitlement to weekly payments.
Once issued, a worker cannot re-establish their entitlement to weekly payments, even if their circumstances change, without this notice being overturned. A change to total incapacity or later compliance with worker obligations does not result in weekly payments recommencing.
A Cease and Determine is only to be considered where there is repeated non-compliance over a 12 month period.
When can a Cease and Determine decision be made
Only in the below circumstances may it be appropriate to Cease and Determine weekly payments:
- the worker has not fulfilled the action/s outlined in the suspension notice, and
- in the previous 12 months:
- a worker has been issued 2 previous warning notices which have not resulted in suspension, or
- a worker has been issued with a previous suspension period for 28 days.
The Cease and Determine notice should take effect at the conclusion of the suspension period advised in the suspension notice.