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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3499 ..
10P Injury notice (ACT WCA, s 25 ( 4), NSW WIMWCA s 62)
(1) An injury notice must state-(a) the name and address of the injured worker; and
(b) the cause of the injury (in ordinary language); and
(c) the date and time the injury happened; and
(d) the name and address of the employer; and
(e) the name and address of the nominated treating doctor or, if there is no treating doctor, a doctor who has treated the worker for the injury.
(2) The employer may give the notice orally, in writing or in electronic form.
(3) However, if the employer gives the notice orally, the employer must give the notice in writing or in electronic form within 3 days after giving the notice orally.
(4) If the worker has more than 1 employer, the notice must be given to the employer responsible for the workplace where the injury happened.
(5) The notice of injury is taken to have been given to an employer-
(a) if it is given to a person designated for the purpose by the employer; or
(b) if it is given to a person under whose supervision the worker is employed.
10Q What if employer does not give notice of injury within time?
(1) This section applies if an employer (other than a self-insurer) is given an injury notice for an injured worker, but does not give the insurer the injury notice within the time (the notification time ) mentioned in section 10O (2) (Early notification of workplace injury).(2) The employer is liable to pay the worker weekly compensation from the end of the notification time until the employer gives the insurer the injury notice.
(3) The employer may not be indemnified by the insurer for a payment mentioned in subsection (2).
10R Obligation of insurer on being notified of injury
(NSW WIMWCA s 43 (4))Within 3 business days after receiving the injury notice, the insurer must take action under the insurer's injury management program and must (in accordance with the program) make contact with the injured worker, the employer (except if the insurer is a self-insurer) and (if appropriate and practicable) the worker's nominated treating doctor.
Maximum penalty: 10 penalty units.
Part 5.4 Obligations in relation to personal injury plans
10S Personal injury plan for worker with significant injury
(NSW WIMWCA s 45)(1) If it appears to an insurer who is, or may be, liable to pay compensation to an injured worker on behalf of the worker's employer that the workplace injury is a significant injury, the insurer must establish a personal injury plan for the worker.
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