Commonwealth Consolidated Acts

SEAFARERS REHABILITATION AND COMPENSATION ACT 1992 - SECT 56

  (1)   If:

  (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; and

  (b)   the death, injury, loss or damage occurred in circumstances that appear to create a legal liability in a person (other than the employee's employer 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, institutes proceedings against that person for the recovery of such damages;

the employee or dependant must notify the employer in writing of those proceedings as soon as practicable but in any event not later than 7 days after the day on which he or she first became aware that those proceedings had been instituted.

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 .