South Australian Numbered Acts South Australian Numbered Acts(1) Subject to this section, a claim under this Part—
(a) must be made in a manner and form approved by the Corporation; and
(b) must be made within the prescribed period; and
(c) must be supported by a certificate in the designated form by a designated person certifying—
(i) the nature of the injury;
(ii) the probable cause of the injury so far as that is ascertainable by the designated person;
(iii) if the claimant claims to be incapacitated for work—the claimant's current and likely future capacity;
(iv) any other matter specified by the Corporation with the approval of the Minister.
(2) If a notice of an injury is required under this Act, a claim may not be made in respect of that injury unless notice of the injury has been given as required.
(3) Despite subsections (1) and (2)—
(a) the absence of, or a defect in, a notice of injury is not a bar to the making of a claim if—
(i) the proper determination of the claim has not been substantially prejudiced; or
(ii) the failure to give the notice, or the defect in the notice, was occasioned by ignorance of the claimant, mistake or absence from the State, or other reasonable cause; and
(b) a failure to make a claim within the prescribed period is not a bar to the making of a claim if—
(i) the proper determination of the claim has not been substantially prejudiced; or
(ii) the failure to make the claim within the prescribed period was occasioned by ignorance of the claimant, mistake or absence from the State, or other reasonable cause.
(4) A claim must be given at first instance as follows:
(a) where the worker is at the commencement of the incapacity in employment—the claim must be given to the employer;
(b) in any other case—the claim must be given to the Corporation.
(5) Within 5 business days after receipt of a claim under this section, an employer (not being a self-insured employer) must forward to the Corporation—
(a) a copy of the claim;
(b) a statement in the designated form.
Maximum penalty: $1 500.
(6) An employer (not being a self-insured employer) must furnish to the Corporation, in such manner and form as the Corporation may determine, such other information as the Corporation may reasonably require in order to assess or determine a claim.
Maximum penalty: $1 500.
(7) If it appears from a claim that the worker was not, at the time of making the claim, in the employment of the employer from whose employment the injury arose, the Corporation must (where it is practicable to do so) notify that employer of the claim.
(8) The Corporation may dispense with a requirement under this section.
(9) A self-insured employer may dispense with the requirement for a certificate under subsection (1)(c) if a claim only relates to Division 2.
(10) In this section—
"designated person" means—
(a) a recognised health practitioner; or
(b) another person of a prescribed class acting in prescribed circumstances and subject to any limitations or conditions prescribed by the regulations;
"prescribed period", in relation to the making of a claim under this section, means the period of 6 months commencing on the day on which the entitlement to make the claim arises.