Northern Territory Consolidated Acts

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RETURN TO WORK ACT 1986 - SECT 82

Form of claim

    (1)     A claim for compensation shall:

        (a)     be in the approved form; and

        (b)     unless it is a claim for compensation under section 62, 63 or 73 – be accompanied by a medical certificate of capacity in a form approved by the Authority; and

        (c)     subject to section 84(3), be given to or served on the employer.

    (2)     If the claim and medical certificate of capacity are not given or served at the same time, the remaining document shall be given or served on the employer within 28 days after the first document is given or served and the claim for compensation shall be deemed not to have been made until the day on which the remaining document is given to or served on the employer.

    (3)     A defect, omission or irregularity in a claim or medical certificate of capacity shall not affect the validity of the claim and the claim shall be dealt with in accordance with this Part unless the defect, omission or irregularity relates to information which is not within the knowledge of or otherwise ascertainable by, the employer or his or her insurer.

    (4)     if the claim form specifies that the worker is required to authorise the release of information concerning the worker's injury:

        (a)     the form may specify that the information may be released to one or more of the following persons:

            (i)     the worker's employer;

            (ii)     the worker's employer's insurer;

            (iii)     a legal practitioner, medical practitioner, investigator, accredited vocational rehabilitation provider, or any other person reasonably consulted by the employer or insurer for making a decision as to the payment of the claim for compensation; and

        (b)     the worker must authorise the release of the information in accordance with the form; and

        (c)     the claim for compensation by the worker is not considered to have been made until the authorisation is given.

    (5)     An authorisation under subsection (4) is irrevocable.

    (6)     A medical certificate of capacity referred to in subsection (1)(b) has effect only for the prescribed period.



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