SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 53 Notice of injury or loss of, or damage to, property

SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 53

  (1)   This Act does not apply in relation to an injury to an employee unless notice in writing of the injury is given to the relevant authority:

  (a)   as soon as practicable after the employee becomes aware of the injury; or

  (b)   if the employee dies without having become so aware or before it is practicable to serve such a notice--as soon as practicable after the employee's death.

  (2)   This Act does not apply in relation to the loss of, or damage to, property used by an employee, being a loss or damage in circumstances referred to in section   15, unless notice in writing of the accident that resulted in the loss or damage is given to the relevant authority:

  (a)   as soon as practicable after the employee becomes aware that the accident had resulted in the loss or damage; or

  (b)   if the employee dies without having become so aware or before it is practicable to serve such a notice--as soon as practicable after the employee's death.

  (3)   Where:

  (a)   a notice purporting to be a notice referred to in this section has been given to the relevant authority;

  (b)   the notice, as regards the time of giving the notice or otherwise, failed to comply with the requirements of this section; and

  (c)   the relevant authority would not, by reason of the failure, be prejudiced if the notice were treated as a sufficient notice, or the failure resulted from the death, or absence from Australia, of a person, from ignorance, from a mistake or from any other reasonable cause;

the notice shall be taken to have been given under this section.