5.1.5 Cease and Determine

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:

  1. the worker has not fulfilled the action/s outlined in the suspension notice, and
  2. 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.
Notice period

The Cease and Determine notice should take effect at the conclusion of the suspension period advised in the suspension notice.

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