Commonwealth Consolidated Acts

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

SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 47

Notice of common law claims against Commonwealth

  (1)   If:

  (a)   compensation is payable under this Act in respect of the death of an employee or an injury to an employee; and

  (b)   the employee, or a dependant of the deceased employee, as the case may be, makes a claim for damages in respect of the death or injury against the Commonwealth, a Commonwealth authority, a licensed corporation or another employee;

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 .



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback