New South Wales Consolidated Regulations

WORKERS COMPENSATION REGULATION 2016 - REG 35

35 Notification of workplace injury

(1) For the purposes of section 44(2) of the 1998 Act, notification to an insurer or the Nominal Insurer by an employer that a worker has received a workplace injury must be given in any of the following ways--

(a) by electronic communication (using a mode of electronic communication approved by the insurer or the Nominal Insurer) providing the information requested by the insurer or the Nominal Insurer,

(b) in writing by completing a notification form approved for the purpose by the insurer or the Nominal Insurer and sending the completed form to the insurer or the Nominal Insurer by post or facsimile transmission at the address or facsimile number indicated on the form, or by completing and lodging the form in person at an office of the insurer or the Nominal Insurer,

(c) by telephone to the insurer or the Nominal Insurer, giving such information as may be requested of the caller.

(2) An employer who gives a notification under section 44(2) of the 1998 Act must make and keep for at least 5 years after the notification is given--

(a) a record of the date, time, place and nature of the injury to which the notification relates, and

(b) a record of the date on which and the way in which the notification was given, and

(c) a record of any acknowledgment (such as a receipt number) given to the employer by the insurer or the Nominal Insurer as evidence of receipt of the notification.

Note--: An entry in the register of injuries kept under section 256 of the 1998 Act is a sufficient record of an injury for the purposes of this clause. The record of an acknowledgment of the notification can also be made and kept as part of the register of injuries.

(3) An employer must make the records kept under subclause (2) available for inspection in accordance with, and in any event no later than 7 days after the date of, a request by--

(a) an authorised officer, or

(b) if any employee of the employer is a member of an industrial organisation of employees--an authorised employee representative of that organisation.

(4) In this clause--

"authorised employee representative" of an industrial organisation of employees, means a person who is an authorised industrial officer within the meaning of Part 7 of Chapter 5 of the Industrial Relations Act 1996 in respect of that industrial organisation of employees.

"authorised officer" means an inspector under section 238 of the 1998 Act.

: Maximum penalty--20 penalty units.