Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

WORKERS COMPENSATION ACT 1958 - SECT 45

Defects in notices; injury book

S. 45(1) repealed by No. 10191 s. 270(8)(a).

    *     *     *     *     *

    (2)     The want of or any defect or inaccuracy in the notice of an injury required by this Act shall not be a bar to the maintenance of proceedings for the recovery of compensation under this Act where the employer is the owner of a mine or quarry or the occupier of a factory shop or office—

S. 45(2)(a) repealed by No. 10191 s. 270(8)(b).

    *     *     *     *     *

        (b)     if the injury has been reported by or on behalf of the employer to an inspector of mines or factories; or

        (c)     if the injury has been entered in any register of injuries kept by or on behalf of the employer at the mine quarry factory shop or office; or

        (d)     if the injury has been treated in an ambulance room at the mine quarry factory shop or office.

S. 45(3)(a) amended by No. 41/2006 s. 42(1).

    (3) (a)     For facilitating the giving of notice of injury for the purposes of this Act, a book of injuries shall be kept at every mine quarry factory shop or office in which the specified particulars of injuries happening to persons employed at the mine quarry factory shop or office may be entered by the injured workman or some other person acting on his behalf, and an entry in such book, if made as soon as practicable after the happening of the injury, shall be sufficient notice of the injury for the purposes of this Act.

        (b)     The book shall be kept at such place as to be readily accessible at all reasonable times to any injured worker who was employed at the mine quarry factory shop or office and any person bona fide acting on his behalf.

S. 45(3A) inserted by No. 41/2006 s. 42(2).

    (3A)     It is sufficient compliance with subsection (3) if a register of injuries is kept in accordance with section 101 of the Accident Compensation Act 1985 .

S. 45(4) amended by No. 10191 s. 270(8)(c).

    (4)     In the event of any non-compliance with the provisions of this section the owner agent or manager of the mine or quarry or the occupier of the factory shop or office shall be liable to a penalty of not more than 5 penalty units.

New s. 46 inserted by No. 48/1986 s. 35.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback