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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 22 When claim deemed not to have been made

WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 22

When claim deemed not to have been made

    (1)     A claim is deemed not to have been made in accordance with section 20 if—

        (a)     it contains a material defect, omission or irregularity (other than a material defect, omission or irregularity referred to in section 20(7)); and

        (b)     within 14 days after the claim is given to or served on the employer, lodged with the Authority or given to the self-insurer, as the case requires, the Authority or the self-insurer returns the claim to the claimant with a notice that—

              (i)     specifies in detail each material defect, omission and irregularity identified in the claim; and

              (ii)     states that any period within which the claim is required to be dealt with does not commence until a claim that does not contain any specified material defect, omission or irregularity is given to, served on or lodged with the Authority or the self-insurer.

    (2)     If—

        (a)     a claim for compensation is made under section 20 in respect of an injury to a worker arising out of or in the course of, or due to the nature of, employment with a particular employer; and

        (b)     the claim is made after the worker ceases to be employed by that employer—

the claim is deemed not to have been made unless the claimant satisfies the Authority or self-insurer that he or she could not reasonably have made the claim while employed by that employer.

S. 22(3) amended by No. 37/2014 s. 10(Sch. item 188.2).

    (3)     If a claim for compensation under section 20 relates to an injury resulting from an accident involving a motor vehicle within the meaning of the Road Safety Act 1986 , the claim is deemed not to have been made unless a report of the accident has been made to a police officer, whether under section 61 of that Act or otherwise.