Australian Capital Territory Current Acts

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Time for taking proceedings generally

    (1)     A proceeding for the recovery of compensation for an injury may continue only if—

        (a)     notice of the injury (an injury notice ) was given as soon as practicable after the injury happened, and before the worker voluntarily left the employment in which the worker was injured; and

        (b)     the claim for compensation was made—

              (i)     within 3 years after the injury happened; or

              (ii)     if the worker was not aware of the injury when it happened—within 3 years after the worker became aware of the injury; or

              (iii)     if the worker dies—within 3 years after the claimant became aware of the death.

    (2)     However, a proceeding for the recovery of compensation for an injury may also continue if—

        (a)     the Magistrates Court allows the proceeding to be maintained under section 120A (Proceedings on late claims); or

        (b)     the proceeding may be maintained under section 124 (No notice or defective or inaccurate notice).

Note     An injured worker may give notice of an injury by making an entry in a register of injuries (see s 92).

120 A     Proceedings on late claims

    (1)     A person may apply to the Magistrates Court to allow a proceeding for the recovery of compensation to be maintained.

Note     Section 120 (2) allows the proceeding to be continued even if the claim was made after the end of the time periods set out in s 120 (1), if the Magistrates Court allows it to be maintained under this section.

    (2)     The Magistrates Court may allow the application if the court considers that it is just and reasonable to allow the proceeding to be maintained.

    (3)     Before making a decision about whether to allow the application, the Magistrates Court may hear anyone likely to be affected by the proceeding if the court considers it appropriate.

    (4)     In considering whether to allow the application, the Magistrates Court must have regard to all the circumstances of the case, including the following:

        (a)     the length of and reasons for the delay in making the claim;

        (b)     the extent to which, having regard to the delay, there is or is likely to be prejudice to the employer;

        (c)     the conduct of the employer and the employer's licensed insurer after the cause of action accrued to the claimant, including any steps taken by the employer or the employer's insurer to make available to the claimant ways of working out facts that were or might have been relevant to the cause of action;

        (d)     the duration of any disability of the worker arising at the time of or after the injury giving rise to the claim;

        (e)     the extent to which the claimant acted promptly and reasonably once the claimant knew that the injury to, or death of, the worker could be capable at that time of giving rise to a claim for compensation;

        (f)     any steps taken by the claimant to obtain medical, legal or other expert advice and the nature of any advice received.

    (5)     In this section:

"claimant", if the claim is made by a person other than the worker, includes the worker.

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