---
title: "Check an NSW notice suspending weekly payments"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/prepare-the-response-to-a-notice-suspending-weekly-payments/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-WC20261023-10-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Check an NSW notice suspending weekly payments

> From the suspension notice, table its reason against the section 48 obligation and the section 48A notice steps. Draft a response only from the grounds the lawyer marks.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/prepare-the-response-to-a-notice-suspending-weekly-payments/new-south-wales  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the suspension notice, table its reason against the section 48 obligation and the section 48A notice steps. Draft a response only from the grounds the lawyer marks. |
| What the lawyer must review | Decide whether the suspension is justified, and settle any letter that is sent. Check that the notice names a section 48 obligation, a reason, and a date inside the stated window. Do not treat a certificate-of-capacity stop as a section 48A suspension. Keep medical details in the firm's system. Apply ASCR rule 9, APP 11, and the Privacy Act notifiable-breach test. |
| Written for | New South Wales |
| Applies to | [Prepare the response to a notice suspending weekly payments](https://ailawframework.com/practice/personal-injury-and-compensation/prepare-the-response-to-a-notice-suspending-weekly-payments.md) |

## Checking plan

**Verify against sources**

The lawyer decides whether the suspension is justified and settles any letter. The tool tables the notice against sections 48 and 48A.

- What the AI does: From the suspension notice, table its reason against the section 48 obligation and the section 48A notice steps. Draft a response only from the grounds the lawyer marks.
- What the lawyer does: Decide whether the suspension is justified. Settle any letter. Confirm the section in the current Act.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Section 48: a worker with current work capacity must, in co-operation with the employer or insurer, make reasonable efforts to return to suitable employment or pre-injury employment. Waiting for required rehabilitation, for a reply to the worker's request, or for employment the employer has said it will provide, counts as a reasonable effort during a reasonable period.
2. If the worker does not comply with a section 48 obligation, section 48A lets the insurer suspend, terminate, or cease and determine weekly payments, but only by following that section.
3. A notice to suspend must be in writing. It must state the reason, the consequences, and that unless the worker complies, weekly payments will be suspended from a date at least 14 days after the notice and no more than 60 days after the notice.
4. If the worker does not comply with that notice, the insurer may suspend weekly payments for 28 days after the date it specifies. Compliance during the suspension resumes payments from the date of compliance. Weekly payments until compliance are forfeited, and that period counts towards the first or second entitlement period.
5. If non-compliance lasts the whole suspension, the insurer may terminate weekly payments by written notice stating the reasons. Section 48A(7) allows the insurer to cease and determine the entitlement where that failure sits with two earlier subsection (2) notices without a suspension, or one earlier suspension, in the last 12 months. The tool does not decide that test.

## Notes

- No review period for a suspension decision was opened. Do not invent one. A stop for want of a certificate of capacity is a different rule and is not section 48A. These sections name the first and second entitlement periods and do not state how many weeks each period contains.

## Practical guide

Jurisdiction: Weekly payments under sections 48 and 48A of the Workplace Injury Management and Workers Compensation Act 1998 (NSW)

**Deliverable**: A table of the notice against sections 48 and 48A. A letter only from grounds the lawyer marks.

**Inputs**

- Suspension notice and the date it was given
- Section 48 obligation the notice specifies
- Grounds the lawyer marks for any letter

**Example**: Illustrative example: The notice gives the worker 7 days to comply and then suspends payments. The tool tables that period against the 14-day minimum and does not draft a letter until the lawyer marks the grounds.

**Stop and escalate when**

- The stated suspension date is inside 14 days, or later than 60 days, and the tool is asked to treat the notice as compliant.
- The lawyer has not marked the grounds for any letter.

Checked 2026-10-23.

## Sources

- [Workplace Injury Management and Workers Compensation Act 1998 (NSW) section 48](https://classic.austlii.edu.au/au/legis/nsw/consol_act/wimawca1998540/s48.html) (checked 2026-10-23)
- [Workplace Injury Management and Workers Compensation Act 1998 (NSW) section 48A](https://classic.austlii.edu.au/au/legis/nsw/consol_act/wimawca1998540/s48a.html) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [New South Wales pre-injury average weekly earnings worksheet](https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-piawe-worksheet.md) | Other | Yellow | Worksheet for pre-injury average weekly earnings under Workers Compensation Act 1987 (NSW) Schedule 3, and the weekly rates in sections 36 and 37. The indexed maximum is not typed. |
| [Victoria pre-injury average weekly earnings worksheet](https://ailawframework.com/precedents/personal-injury-and-compensation/vic-piawe-worksheet.md) | Other | Yellow | Worksheet for pre-injury average weekly earnings under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) sections 153 to 158.… |
| [Queensland normal weekly earnings worksheet](https://ailawframework.com/precedents/personal-injury-and-compensation/qld-nwe-worksheet.md) | Other | Yellow | Worksheet for normal weekly earnings under Workers' Compensation and Rehabilitation Act 2003 (Qld) section 106, and the total-incapacity rates in sections 150 and 151.… |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*