New South Wales Consolidated Regulations

WORKERS COMPENSATION REGULATION 2003 - REG 34

34 Notice of dispute about liability

(1) The notice given to a claimant under section 74 of the 1998 Act must contain the following:

(a) in relation to a coal miner matter:

(i) a statement to the effect that the worker can refer the dispute for determination by the District Court, and

(ii) if the insurer has referred or proposes to refer the dispute for determination by the District Court, a statement to that effect specifying the date of referral or proposed referral, and

(iii) a statement to the effect that the matters that may be referred to the District Court are limited to matters notified in the notice, in a notice after a further review in correspondence prior to any such referral concerning an offer of settlement or in a request for a further review, except with the leave of the District Court,

(b) in relation to a work injury damages dispute:

(i) a statement to the effect that, before a claimant can commence court proceedings, the claimant must firstly serve a pre-filing statement (in accordance with section 315 of the 1998 Act) on the defendant and secondly refer the claim to the Commission for mediation (in accordance with section 318A of the 1998 Act), and

(ii) a statement to the effect that the claimant is not entitled to raise matters in court proceedings that are materially different from those contained in the pre-filing statement, except with the leave of the court,

(c) a statement identifying all the reports and documents submitted by the worker in making the claim for compensation,

(d) a statement identifying all the reports of the type to which clause 37 applies that are relevant to the decision, whether or not the reports support the reasons for the decision,

(e) a statement advising that a copy of a report required to be provided by the insurer under clause 37 (3) (except as provided by clause 37 (5) or (6)) accompanies the notice,

(f) advice as to the procedure for requesting a review of the decision,

(g) a statement to the effect that the worker can seek advice or assistance from the worker’s trade union organisation, from a lawyer or from the WorkCover Claims Assistance Service,

(h) the street address and the email address of the Registrar of the Commission or the Registrar of the District Court, as appropriate.

Section 74 of the 1998 Act requires the notice to also include the following:

(a) a statement of the reason the insurer disputes liability and of the issues relevant to the decision,

(b) a statement to the effect that the worker can request a review of the claim by the insurer,

(c) a statement to the effect that the worker can refer the dispute for determination by the Commission,

(d) if the insurer has referred or proposes to refer the dispute for determination by the Commission, a statement to that effect specifying the date of referral or proposed referral,

(e) a statement to the effect that the matters that may be referred to the Commission are limited to matters notified in the notice, or in a notice after a further review or in correspondence prior to any such referral concerning an offer of settlement or in a request for a further review,

(f) a statement to the effect that the worker can also seek advice or assistance from the worker’s trade union organisation or from a lawyer.

(2) A person who fails to comply with section 74 of the 1998 Act in respect of a claim for compensation is guilty of an offence.

Maximum penalty: 20 penalty units.

(3) It is a defence to a prosecution for an offence of failing to comply with section 74 (2B) of the 1998 Act if it is established that the notice complied with guidelines issued by the Authority as to how the notice concerned was to be expressed.