Commonwealth Consolidated Acts

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SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 54

Claims for compensation

             (1)  Compensation is not payable to a person under this Act unless a claim for compensation is made by or on behalf of the person under this section.

             (2)  A claim shall be made by giving the relevant authority:

                     (a)  a written claim in accordance with the form approved by Comcare for the purposes of this paragraph; and

                     (b)  except where the claim is for compensation under section 16 or 17--a certificate by a legally qualified medical practitioner in accordance with the form approved by Comcare for the purposes of this paragraph.

             (3)  Where a written claim, other than a claim for compensation under section 16 or 17, is given to a relevant authority under paragraph (2)(a) and the claim is not accompanied by a certificate of the kind referred to in paragraph (2)(b), the claim shall be taken not to have been made until such a certificate is given to that authority.

             (4)  Where a claim is given to Comcare, Comcare shall cause a copy of the claim to be given to:

                     (a)  where the employee concerned is or was a member of the Defence Force at the time when the relevant injury or accident occurred--the Secretary of the Defence Department; or

                     (b)  in any other case--the principal officer of the Entity, Commonwealth authority or licensed corporation in which the employee was employed at that time.

             (5)  Strict compliance with an approved form referred to in subsection (2) is not required and substantial compliance is sufficient.



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