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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3508 ..
11G The notice for an injury (ACT WCA s 25 (4))
(1) An injury notice must contain-
(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.
(2) The notice must be served on the employer or, if the worker has more than 1 employer, on the employer responsible for the workplace where the injury happened.
11H No notice or defective or inaccurate notice
(ACT WCA s 25 (2))(1) This section applies to a claim in relation to which-
(a) an injury notice has not been given; or
(b) the injury notice given was defective or inaccurate.
(2) A proceeding may be maintained in relation to the claim if the Magistrates Court or arbitrator finds, in the proceeding for the claim, that-
(a) the employer's defence is not, or would not be, prejudiced by the lack of notice, or defect or inaccuracy in the notice, if a notice or amended notice were given and the hearing postponed; or
(b) the lack of notice, or defect or inaccuracy in the notice, was caused by mistake or another reasonable cause.
11I Admissibility of statements by injured workers
(1) A written statement in relation to a worker's injury given by the worker to the employer is admissible in evidence on behalf of the employer in a proceeding under this Act only if the employer gives the worker a copy of the statement at least 14 days before the proceeding is heard.(2) In this section:
44 employer includes the employer's insurer.
45 insurer means-
46 an approved insurer; or
47 the nominal insurer.
11J Action by employer in relation to claims (NSW WIMWCA s 69)
(1) If an employer receives a claim for compensation or another document in relation to a claim, the employer must, within 7 days after receiving the claim or document, forward it to the insurer that the employer believes is liable to indemnify the employer for the claim (the liable insurer ).
Maximum penalty: 50 penalty units.
(2) If the employer receives a written request from the liable insurer for further stated information in relation to the claim or document, the employer must, within 7 days after receiving the request, either-
(a) give the insurer the requested information; or
(b) if the information is not in the employer's possession and is not reasonably obtainable by the employer-tell the insurer that in writing.
Maximum penalty: 50 penalty units.
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