Accident Compensation Act 2001

Dispute resolution - Reviews

146: Deemed review decisions

You could also call this:

"If a review hearing isn't set within 3 months, you automatically win your case"

If you ask for a review of a decision made about your claim, the reviewer needs to set a date for the hearing. If they don't set this date within 3 months of getting your review application, and it's not your fault that it's delayed, the law says that the reviewer has automatically decided in your favour. This is called a 'deemed decision'. The date of this deemed decision is exactly 3 months after the Corporation received your review application.

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145: Review decisions: substance, or

"How decisions are reviewed and what reviewers can decide"


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147: Effect of review decisions, or

"What happens when a review decision is made"

Part 5Dispute resolution
Reviews

146Deemed review decisions

  1. The reviewer is deemed to have made a decision on the review in favour of the applicant if—

  2. the date for the hearing has not been set within 3 months after the review application is received by the Corporation; and
    1. the applicant did not cause, or contribute to, the delay.
      1. The date of the deemed decision is 3 months after the review application is received.