Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 297

297 Court to have made declaration about noncompliance

(1) Subject to section 296 , the claimant may start the proceeding if the court, on application by the claimant dissatisfied with the insurer’s response under section 278 to a notice of claim, declares that—

(a) notice of claim has been given under section 275 ; or

(b) the claimant is taken to have remedied noncompliance with the requirements of section 275 .

(2) A declaration that a claimant is taken to have remedied noncompliance with section 275 may be made on conditions the court considers necessary or appropriate to minimise prejudice to the insurer from the claimant’s failure to comply with the requirements of section 275 .