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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3506 ..
19.
Clause 12
Page 22, line 20-
Omit the clause, substitute the following clause:12 Sections 11 to 13
substitute
Chapter 6 Claims
Part 6.1 Making claims
11 Making claim for compensation
(NSW WIMWCA s 65 (1), (2) and (13))(1) A worker may claim compensation under this Act.
(2) A claim for weekly compensation must be accompanied by a medical certificate from a doctor.
(3) Failure to make a claim under this Act does not prevent the recovery of compensation if it is found that the failure was caused by ignorance, mistake or other reasonable cause.
11A Claim for property loss or damage
(1) This section applies to the loss of, or damage to, property because of a compensable injury.(2) The details required to be given in the claim in relation to the loss or damage are details that adequately identify the property and how it was lost or damaged.
11B Medical certificates and claims for compensation
(NSW WIMWCA s 65 (3), (4) and (5))(1) To the extent that information or material has been given in the course of the making of a claim for compensation for an injury, it is not necessary to give the information or material when making any further claim for compensation in relation to the same injury.
A medical certificate required to accompany a claim for weekly compensation must include a statement of the doctor's opinion about-
(a) the likelihood of the worker's employment being a substantial contributing factor to the injury; or
(b) whether the worker's condition is consistent with the worker's employment being a substantial contributing factor to the injury.
11C What if no medical certificate with doctor's opinion?
(1) This section applies if a claim is deficient because section 11B (2) has not been complied with.(2) If the insurer (or self-insurer) tells the worker in writing about the deficiency (including details of what is required to comply with section 11B (2)) as soon as possible (but in any case within 72 hours) after receiving the claim, the claim is not considered to have been made until section 11B (2) is complied with.
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