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6.3.34 Suspension of Benefits
A person's right to compensation can be suspended under sections 50 and 329 of MRCA if they fail or refuse, without reasonable excuse, to undergo an examination or assessment. Under Section 52 of MRCA, a person's right to compensation may also be suspended where they fail or refuse to undertake a rehabilitation program, without reasonable excuse.
Non-compliance under MRCA can lead to suspension of compensation entitlements (with the exception of compensation for medical treatment). In such cases it will be necessary to cease incapacity benefits for the duration of the suspension.
If a person's benefits have been suspended because they failed to attend a rehabilitation assessment or other appointments, then they must attend that appointment before benefits can be reinstated. On the day the person attends the appointment, benefits should be reinstated. If the person and or the rehabilitation provider are unable to reschedule the appointment for several days, then the suspension remains in place until the appointment takes place.
Subsection 330(3) has a slightly different provision that enables the delegate to refuse to deal with a claim for liability or compensation, where the person fails to comply with a written request for specified information or documents. This may include medical certificates, medical records held by Centrelink, taxation returns and pay slips. To apply subsection 330(3) we must first issue a notice requesting provision of the information within 28 days as per subsection 330(2).