WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 276 Noncompliance with s 275 and urgent proceedings

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 276

276 Noncompliance with s 275 and urgent proceedings

(1) The purpose of this section is to enable a claimant to avoid the need to bring an application under section 298 .

(2) Without limiting section 297 or 298 , if the claimant alleges an urgent need to start a proceeding for damages despite noncompliance with section 275 , the claimant must, in the claimant’s notice of claim—

(a) state the reasons for the urgency and the need to start the proceeding; and

(b) ask the insurer to waive compliance with the requirements of section 275 .

(3) The claimant’s lawyer may sign the notice of claim on the claimant’s behalf if it is not reasonably practicable for the claimant to do so.

(4) The claimant’s notice of claim may be given by fax in the way provided for under a regulation.

(5) The insurer must, before the end of 3 business days after receiving the notice of claim, advise the claimant that the insurer agrees or does not agree that there is an urgent need to start a proceeding for damages.

(6) If the insurer agrees that there is an urgent need to start a proceeding for damages, the insurer may, in the advice to the claimant under subsection (5) , impose the conditions the insurer considers necessary or appropriate to satisfy the insurer to waive compliance under section 278 (2) (b) .

(7) The claimant must comply with the conditions within a reasonable time that is agreed between the insurer and the claimant.

(8) The claimant’s agreement to comply with the conditions is taken to satisfy section 302 (2) (a) (ii) .