Australian Capital Territory Current Acts

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WORKERS COMPENSATION ACT 1951 - SECT 119

No compliant certificate with claim

    (1)     This section applies if a claim is deficient because section 118  (2) has not been complied with.

    (2)     If the insurer (or licensed self-insurer) tells the worker in writing about the deficiency (including details of what is required to comply with section 118 (2)) as soon as possible (but in any case within 72 hours) after receiving the claim, the claim is not considered to have been made until section 118  (2) is complied with.

    (3)     However, if the insurer (or licensed self-insurer) does not tell the worker in writing about the deficiency (including details of what is required to comply with section 118 (2)) within 72 hours after receiving the claim, the claim is taken to comply with section 118 (2).

    (4)     Subsection (2) does not apply if the insurer (or licensed self-insurer) waives the requirement for the claim to comply with section 118  (2).

    (5)     In this section:

"insurer", in relation to a claim, means—

        (a)     for a claim that relates to an imminently fatal asbestos-related disease—the DI fund; or

        (b)     for any other claim—the licensed insurer liable to indemnify the employer for the claim.



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