Victorian Current Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 29

Lodging of claims with Authority in certain circumstances

    (1)     If a person making a claim for compensation in respect of an injury arising out of or in the course of or due to the nature of employment, becomes aware that the employer—

        (a)     has not complied, and is not likely to comply, with section 73(1); or

        (b)     is refusing to receive the claim; or

        (c)     cannot be identified after the person has taken reasonable steps to identify the relevant employer; or

        (d)     cannot be found after the person has taken reasonable steps to find the relevant employer; or

        (e)     is dead, or is an externally-administered body corporate under the Corporations Act or has ceased to exist—

that person may lodge the claim with the Authority.

    (2)     A claim for weekly payments which purports to be lodged in accordance with subsection (1) when the conditions specified in that subsection do not apply is deemed not to have been made if, within 14 days of the claim being lodged, the Authority returns the claim to the claimant with a notice under subsection (3).

    (3)     The notice must—

        (a)     specify that the claim for weekly payments must be given to or served on the employer; and

        (b)     state that any period within which the claim is to be dealt with does not commence until a claim for weekly payments has been given to or served on the employer.



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