RETURN TO WORK ACT 2014 - SECT 16

RETURN TO WORK ACT 2014 - SECT 16

16—Worker's duty to give notice of injury

        (1)         If a worker suffers a work injury, notice of that injury must be given—

            (a)         to the employer by whom the worker is employed at the time of the occurrence of the injury; or

            (b)         if the worker is not in employment or is self-employed—to the Corporation.

        (2)         Notice of an injury should be given—

            (a)         if practicable within 24 hours after the occurrence of the injury but, if that is not practicable, as soon as practicable after the occurrence of the injury;

            (b)         if the worker is not, immediately after the occurrence of the injury, aware of the injury—as soon as practicable after the worker becomes so aware;

            (c)         if the worker dies without having become so aware or before it is practicable to give such a notice—as soon as practicable after the worker's death.

        (3)         Notice of an injury—

            (a)         may be given orally or in writing; and

            (b)         should specify to the best of the knowledge, information and belief of the person giving the notice—

                  (i)         the day on which the injury occurred; and

                  (ii)         the place at which the injury occurred; and

                  (iii)         the nature of the injury; and

                  (iv)         the cause of the injury.

        (4)         For the purposes of this section, notice of an injury will be taken to have been given to an employer if—

            (a)         it is given to—

                  (i)         the employer at any place of business of the employer; or

                  (ii)         any person under whose supervision the worker was employed at the time of the injury; or

                  (iii)         any person designated for the purpose by the worker's employer; or

            (b)         it is given to the employer in the manner prescribed by the regulations.

        (5)         A person by whom a notice under this section is given orally must, at the request of the person to whom the notice is given, complete a written statement in a form determined by the Corporation.

        (6)         Subject to subsection (8), if an employer (not being a self-insured employer) receives notice of an injury given or purportedly given under this section the employer must, within 5 business days after the receipt of the notice, send a copy of the notice to the Corporation.

Maximum penalty: $1 500.

        (7)         If it appears from a notice under this section that the worker was not, at the date of the notice, in the employment of the employer from whose employment the injury arose, the Corporation must (where it is practicable to do so) send a copy of the notice to that employer.

        (8)         The Corporation may, by notice in the Gazette—

            (a)         exclude from the application of this section injuries of a class specified in the notice;

            (b)         vary, in relation to cases of a specified class, the time at which an employer is required to report to the Corporation under this section.