Australian Capital Territory Current Acts

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Time for making claim under pt 4.4

    (1)     A claim for compensation payable under part 4.4 (Compensation for permanent injuries) in relation to an injury may not be made earlier than 2 years after the injury.

    (2)     However, the claim may be made earlier than 2 years after the injury if—

        (a)     the injury is an imminently fatal asbestos-related disease; or

        (b)     the injury has stabilised; or

        (c)     in any other case—the Magistrates Court allows the claim to be made.

    (3)     The Magistrates Court may allow the claim to be made earlier than 2 years after the injury only if satisfied that an early application is justified by the severity of the injury or the prospect of the worker's imminent death.

    (4)     The worker's injury is taken to have stabilised if—

        (a)     the worker has returned to work for the worker's pre-incapacity weekly hours (the previous work hours ) or longer; and

        (b)     the worker has been working at least the previous work hours for at least 3 months.

    (5)     However, the worker's injury may have stabilised even if the worker has not returned to work.

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