This Division applies only in respect of injuries received after the commencement of this section.
Words and expressions used in this Part have the same meaning as in Part 5 (Common law remedies) of the 1987 Act.
254 Notice of injury must be given to employer
(1) Neither compensation nor work injury damages are recoverable by an injured worker unless notice of the injury is given to the employer as soon as possible after the injury happened and before the worker has voluntarily left the employment in which the worker was at the time of the injury.(2) The failure to give notice of injury as required by this section (or any defect or inaccuracy in a notice of injury) is not a bar to the recovery of compensation or work injury damages if in proceedings to recover the compensation or damages it is found that there are special circumstances as provided by this section.(3) Each of the following constitutes special circumstances:(a) the person against whom the proceedings are taken has not been prejudiced in respect of the proceedings by the failure to give notice of injury or by the defect or inaccuracy in the notice,(b) the failure to give notice of injury, or the defect or inaccuracy in the notice, was occasioned by ignorance, mistake, absence from the State or other reasonable cause,(c) the person against whom the proceedings are taken had knowledge of the injury from any source at or about the time when the injury happened,(d) the injury has been reported by the employer to the Authority in accordance with this Act.(4) In addition, if the employer is the owner of a mine or quarry, or the occupier of a factory, workshop, office or shop, each of the following constitutes special circumstances:(a) the summary referred to in section 231 has not been posted up in accordance with that section or the employer has otherwise contravened that section,(b) the injury has been reported by or on behalf of the employer to an inspector of mines or an inspector under the Work Health and Safety Act 2011,(c) the injury has been treated in a first aid room at the mine, quarry, factory, workshop, office or shop.
255 How notice of injury is given
(1) A notice of injury must state:(a) the name and address of the person injured, and(b) the cause of the injury (in ordinary language), and(c) the date on which the injury happened.(2) A notice of injury may be given orally or in writing.(3) If there is more than one employer, a notice of injury may be given to any one of those employers.(4) A notice of injury is taken to have been given to an employer:(a) if it is given to any person designated for the purpose by the employer, or(b) if it is given to any person under whose supervision the worker is employed.(5) A written notice of injury may be served by delivering it to, or by sending it by post to, the residence or any place of business of the person on whom it is to be served.(6) If the regulations so require (and despite anything to the contrary in this section), a notice of injury must be given in the manner, and contain the particulars, prescribed by the regulations.
(1) A register of injuries must be kept in some readily accessible place at every mine, quarry, construction site, factory, workshop, office or shop.(2) A worker employed at any such mine, quarry, construction site, factory, workshop, office or shop, or any person acting on the worker’s behalf, may enter in the register of injuries particulars of any injury received by the worker.(3) The regulations may prescribe the form of a register of injuries and the particulars to be entered in the register.(4) If particulars of an injury are duly entered in a register of injuries as soon as possible after an injury happened, the entry is sufficient notice of the injury for the purposes of this Act.(5) If subsection (1) is contravened, the manager of the mine or quarry, or the occupier of the construction site, factory, workshop, office or shop, is guilty of an offence.Maximum penalty: 50 penalty units.
257 Notice of incapacity, medical etc treatment and damage to property
(1) The provisions of this Part apply with respect to:(a) the giving of notice of incapacity resulting from injury that happens after the worker leaves the employment in which the worker was at the time of the injury, and(b) the giving of notice of any medical or related treatment, hospital treatment, workplace rehabilitation service or ambulance service to which Division 3 of Part 3 of the 1987 Act applies, and(c) the giving of notice of any damage to property to which Division 5 of Part 3 of the 1987 Act applies,in the same way as those provisions apply to notice of injury.(2) The particulars required to be given in any such notice are (subject to the regulations) reasonable particulars of the incapacity, of the treatment or service or of the damage to property.
A person must not make a statement in a notice given by the person under this Division knowing that the statement is false or misleading in a material particular.Maximum penalty: 100 penalty units or imprisonment for 2 years, or both.