Commonwealth Consolidated Acts

SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 46

  (1)   Where:

  (a)   compensation is payable under this Act in respect of the death of an employee, an injury to an employee or the loss of, or damage to, property used by an employee;

  (b)   the death, injury, loss or damage occurred in circumstances that appear to create a legal liability in a person (other than the Commonwealth, a Commonwealth authority, a licensed corporation or another employee) to pay damages in respect of the death, injury, loss or damage; and

  (c)   the employee or a dependant of the deceased employee, as the case may be, makes a claim against that person for the recovery of such damages;

the employee or dependant must, as soon as practicable but in any event not later than 7 days after the day on which he or she first became aware of the claim, notify Comcare in writing of the claim.

Penalty:   5 penalty units

  (2)   Subsection   (1) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .