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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3507 ..
(3) However, if the insurer (or self-insurer) does not tell the worker in writing about the deficiency (including details of what is required to comply with section 11B (2)) within 72 hours after receiving the claim, the claim is taken to comply with section 11B (2).
(4) Subsection (2) does not apply if the insurer (or self-insurer) waives the requirement for the claim to comply with section 11B (2).
11D Time for taking proceedings generally
(ACT WCA s 25 (1) and (3))A proceeding for the recovery of compensation for an injury may continue only if-
(a) notice of the injury (an injury notice) was given as soon as practicable after the injury happened, and before the worker voluntarily left the employment in which the worker was injured; and
(b) the claim for compensation was made-
within 3 years after the injury happened; or
if the worker dies-within 3 years after the claimant became aware of the death.
Note Section 11H (No notice or defective or inaccurate notice) contains an exception to this regulation.
11E Time for making claim under pt 4.4
(1) A claim for compensation payable under part 4.4 (Compensation for permanent injuries) in relation to an injury may not be made earlier than 2 years after the injury.
(2) However, the claim may be made earlier than 2 years after the injury if-
(a) the Magistrates Court allows the claim to be made; or
(b) the injury has stabilised.
(3) The Magistrates Court may allow the claim to be made earlier than 2 years after the injury only if satisfied that an early application is justified by the severity of the injury or the prospect of the worker's imminent death.
(4) The worker's injury is taken to have stabilised if-
(a) the worker has returned to work for the worker's pre-incapacity weekly hours (the previous work hours ) or longer; and
(b) the worker has been working at least the previous work hours for at least 3 months.
(5) However, the worker's injury may have stabilised even if the worker has not returned to work.
11F When is a claim made?
(1) A claim is made on the day the claim is given to the employer or insurer.(2) If the claim is given to the employer and insurer on different days, the claim is made on the day the claim is given to the first of them.
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