004_ACC_April_2016

BACK
A review hearing must be conducted unless an
application is withdrawn or all those entitled to be
heard agree not to have a hearing.
The hearing must be held at a time and place
agreed to by all parties to the application (if the
application is made by an injured employee this
does not include the employer) and by the reviewer.
If the parties to the application cannot agree, then
the reviewer must decide when and where the
review hearing will be held.
A reviewer must take all practicable steps to ensure
notice is given to everyone entitled to be present and
heard at least seven days prior to a hearing. Where
the applicant is an injured employee, this will include
the employer, see below.
Those entitled to be present at a review hearing with
a representative, if they want to be are:
• the applicant and the Corporation;
• a registered heath professional or
organisation whose inaction or action is
the basis for a claim of medical error;
• a registered health professional or
organisation (as above) where the
applicant is a treatment provider; or:
if the review relates to a decision to accept or decline
cover for a work-related personal injury:
•the claimant;
• the claimant’s employer; and
• in the case of a gradual process claim, any
employer whose name the reviewer receives
from the claimant, from the claimant’s employer,
or from the Corporation. (Any other employer
or former employer of the claimant is to be
given seven days’ notice of the hearing.)
Persons present at a hearing can either speak for
themselves or through their representative.
A reviewer must make a review decision within
28 days after:
• the day on which the hearing finishes;
• if there is no hearing, on the day the
applicant, the Corporation and all persons
who would have been entitled to be present
and heard agree not to have a hearing;
• if no such date has been specified, the day on
which it was agreed not to have a hearing.
A review decision must:
• be in writing;
• give reasons; and
• contain information about the right of appeal.
The reviewer must, as soon as practicable, give
a copy of the decision to the applicant and the
Corporation and to any other person entitled to be
present and heard at the hearing who was present.
If someone entitled to be present at the hearing was
not present, the reviewer need only provide a copy of
the decision on request.
The Corporation must supply a copy of a review
decision to anyone who asks for it, but must
ensure the decision contains no information
identifying any individual. It may charge a fee for
doing so but no greater than the cost of preparing
and supplying the decision.
In making a decision a reviewer must disregard the
Corporation’s decision and look at the matter afresh
on the basis of the information provided at the review.
The reviewer must also put aside the Corporation’s
policy and procedure and make a decision solely on
the basis of the substantive merits of the case under
the Act. If the review concerns a decision revised by
the Corporation, the Corporation must establish that
the original decision was made in error.
The reviewer must keep an accurate record of
evidence for at least two years.
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