Contents (2011 - 37)
Workers Compensation Regulation 2010
43 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 46 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 46 (3) (except as provided by clause 46 (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 any Workers Compensation Claims Assistance Service established by the Authority,(h) the street address and the email address of the Registrar of the Commission or the Registrar of the District Court, as appropriate.Note.Section 74 of the 1998 Act requires the notice to also include a concise and readily understandable statement of the reason the insurer disputes liability and of the issues relevant to the decision (indicating, in the case of a claim for compensation, any provision of the workers compensation legislation on which the insurer relies to dispute liability).(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.