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Contents (2011 - 37)
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Workers Compensation Regulation 2010
Repealed version for 30 June 2016 to 31 August 2016 (accessed 21 September 2017 at 00:39)
Part 7
Part 7 Approval of workplace rehabilitation providers
27   Application for certificate of approval
(1)  A person may apply to the Authority for a certificate of approval as a provider of workplace rehabilitation services.
(2)  Two or more persons jointly providing, or intending to jointly provide, workplace rehabilitation services may (but are not required to) apply for a joint certificate of approval.
(3)  An application must:
(a)  be in the approved form, and
(b)  contain such particulars and be accompanied by such documents as may be required by that form, and
(c)  be accompanied by such fee as the Authority may determine.
28   Determination of application
(1)  The Authority is to determine an application for a certificate of approval:
(a)  by granting a certificate to the applicant in the applicant’s name, or, if there is more than one applicant, in their joint names, or
(b)  by refusing to grant a certificate.
(2)  In determining an application for a certificate of approval, the Authority is to have regard to:
(a)  the application, and
(b)  in relation to the applicant or each applicant (if more than one):
(i)  if the applicant is a natural person—the desirability of granting individual approval to natural persons, and
(ii)  the capacity of the applicant to comply with the conditions of approval for workplace rehabilitation providers approved by the Authority, and
(iii)  any information supplied by a trade union or employer organisation relating to the applicant’s provision of rehabilitation services, and
(iv)  any complaint lodged with the Authority against the applicant by a client of the applicant, and
(v)  information procured in the course of any interviews with or examination of premises used by the applicant, and
(vi)  verification of any references supplied by the applicant, and
(c)  any relevant information relating to workers compensation costs and statistics concerning the return to work of injured workers, and
(d)  such other matters as the Authority thinks fit.
(3)  The Authority must not grant a certificate unless:
(a)  in the case of an application by a natural person or natural persons—the Authority is of the opinion that the applicant or each applicant is a fit and proper person to hold a certificate and is of or above the age of 18 years, and
(b)  in the case of an application by a corporation:
(i)  the Authority is of the opinion that the corporation is a fit and proper person to hold a certificate, and
(ii)  each director of the corporation would, if the application had been made by the director, be a fit and proper person to be granted a certificate.
29   Form of certificate of approval
(1)  A person may be granted a certificate of approval in respect of one or more of the following classes of approval:
(a)  a provider of services related to return to work with the pre-injury employer,
(b)  a provider of services related to return to work with a different employer,
(c)  a provider of specialist workplace rehabilitation services.
(2)  A certificate is to be in the approved form and is to specify:
(a)  the name of the person or, in the case of a joint certificate, the names of the persons to whom the certificate is granted, and
(b)  the class or classes of approval for which the certificate is granted.
30   Holder of certificate to comply with conditions
(1)  It is a requirement of every certificate of approval that the holder of the certificate must comply with the conditions for approval for workplace rehabilitation providers approved by the Authority that are appropriate for the class or classes of approval for which the certificate is granted, being conditions of which the holder has been notified.
(2)  A certificate may be granted subject to such other conditions as may be specified in the certificate.
(3)  The Authority may, by notice in writing served on the holder of a certificate, amend or revoke the conditions specified in the certificate or add to those conditions.
(4)  Any such amendment, revocation or addition takes effect on and from a date specified in the Authority’s notice, being a date at least 7 days after the notice is served on the holder of the certificate.
31   Amendment of certificate
(1)  The Authority may amend a certificate:
(a)  on the application of a person who does not hold a certificate and proposes to provide a workplace rehabilitation service jointly with the holder of a certificate, by adding the name of the person as a joint holder of the certificate, or
(b)  on the application of a joint holder of a certificate who ceases to provide workplace rehabilitation services, by deleting the person’s name from the certificate, or
(c)  on the application of a holder of a certificate, by amending the specification of the class or classes of approval for which the certificate is granted.
(2)  An application under this clause must:
(a)  be in the approved form, and
(b)  contain such particulars and be accompanied by such documents as may be specified in that form, and
(c)  be accompanied by such fee as the Authority may determine.
(3)  The Authority is to determine an application under this clause:
(a)  by granting the application and amending the certificate accordingly, or
(b)  by refusing the application.
(4)  If an application referred to in subclause (1) (a) is granted and the certificate is amended by specifying in the certificate the name of the person concerned, that person is taken to be a person to whom the certificate is granted.
32   Notice of refusal
(1)  If the Authority refuses to grant or amend a certificate of approval, the Authority must as soon as practicable cause notice of the refusal to be served on the applicant.
(2)  In the case of a joint application, it is a sufficient compliance with subclause (1) if the notice of refusal is served on any one of the applicants.
(3)  The Authority is taken to have refused to grant or amend a certificate (and is taken to have notified the applicant accordingly) if the Authority does not give a decision on an application within 4 months after the date of lodgment of the application.
33   Duration of certificates
(1)  A certificate of approval remains in force, unless sooner cancelled or surrendered, for such period as may be determined by the Authority and specified in the certificate.
(2)  A certificate may be renewed from time to time by the grant of a further certificate.
34   Surrender of certificates
A holder of a certificate of approval may surrender it by delivering it to the Authority with notice in writing that the certificate is surrendered.
35   Duplicate certificates
If the Authority is satisfied that a certificate of approval has been lost or destroyed, the Authority may, on payment of such fee as the Authority may determine, issue a duplicate certificate.
36   Register of certificates
(1)  The Authority is to cause a register of certificates of approval to be kept, in such form as the Authority determines, and is to cause to be recorded in the register in respect of each certificate:
(a)  the matters which by this Regulation are required to be specified in the certificate, and
(b)  particulars of any amendment of the certificate, and
(c)  particulars of any cancellation, suspension or surrender of the certificate, and
(d)  such other matters as the Authority thinks fit.
(2)  The Authority may cause to be made such alterations of the register as are necessary to ensure that the register is an accurate record.
(3)  The register may be inspected by any person at the office of the Authority during the Authority’s usual office hours and copies of all or any part of the register may be taken on payment of such fee as the Authority may determine.
37   False or misleading statements
A person must not, in or in connection with an application for a certificate of approval or amendment of such a certificate, make any statement which the person knows to be false or misleading in a material particular.
Maximum penalty: 20 penalty units.
38   Cancellation or suspension of certificate
(1)  The Authority may cancel or suspend a certificate of approval if the Authority is satisfied:
(a)  that the holder of the certificate has made a statement in or in connection with an application for the certificate or amendment of the certificate that the holder knows to be false or misleading in a material particular, or
(b)  that the holder of the certificate has contravened a condition of the certificate, or
(c)  that the holder of the certificate has been convicted of an offence involving fraud or dishonesty punishable on conviction by imprisonment for 3 months or more, or
(d)  that the holder of the certificate, not being a corporation, has become bankrupt, applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounded with creditors or made an assignment of remuneration for their benefit, or
(e)  that the holder of the certificate, being a corporation:
(i)  is in the course of being wound up, or
(ii)  is under administration, or
(iii)  is a corporation in respect of the property of which a receiver or manager (or other controller within the meaning of the Corporations Act 2001 of the Commonwealth) has been appointed, or
(iv)  has entered into a compromise or arrangement with its creditors, or
(f)  that the holder of the certificate has not provided workplace rehabilitation services for a continuous period of 3 months or more, or
(g)  that the holder of the certificate is for any other reason not a fit and proper person to hold a certificate, or
(h)  in the case of a holder of a certificate, being a corporation—that any director of the corporation:
(i)  has been convicted of an offence referred to in paragraph (c), or
(ii)  for any other reason would not be a fit and proper person to hold a certificate, if the certificate were held by the person.
(2)  The grounds referred to in subclause (1) (except paragraph (f)) are taken to exist:
(a)  in the case of a joint certificate—if those grounds apply to any holder of that certificate, or
(b)  in the case of 2 or more certificates held by persons providing workplace rehabilitation services in partnership—if those grounds apply to any holder of any of those certificates.
(3)  Before cancelling or suspending a certificate, the Authority must give the holder of the certificate an opportunity to show cause why the certificate should not be cancelled or suspended on such grounds as are notified to the holder.
(4)  The cancellation or suspension of a certificate does not take effect until notice in writing of the cancellation or suspension has been served on the holder of the certificate.
39   False claim of approval
A person must not falsely hold himself or herself out as being the holder of a certificate of approval.
Maximum penalty: 20 penalty units.