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SEAFARERS REHABILITATION AND COMPENSATION ACT 1992 - SECT 62

Notice of injury or loss of, or damage to, property

  (1)   Subject to subsection   (2), this Act does not apply to an injury suffered by an employee unless a written notice of the injury is given to the employer:

  (a)   as soon as practicable after the employee becomes aware of the injury; or

  (b)   if the employee dies without having become so aware or before it is practicable to serve such a notice--as soon as practicable after the employee's death.

  (2)   This Act does not apply in relation to the loss of, or damage to, property used by an employee, being loss or damage caused in circumstances referred to in section   27, unless a written notice of the accident that resulted in the loss or damage is given to the employer:

  (a)   as soon as practicable after the employee becomes aware that the accident had resulted in the loss or damage; or

  (b)   if the employee dies without having become so aware or before it is practicable to serve such a notice--as soon as practicable after the employee's death.

  (3)   For the purposes of subsections   (1) and (2), if the injury was suffered by an employee on a prescribed ship, a notice given to the master of the ship is taken to be given to the employer.

  (4)   If:

  (a)   a written notice, purporting to be a notice under this section, has been given to an employer; and

  (b)   the notice, or the giving of the notice, does not comply with this section;

the notice is taken to have been given under this section if:

  (c)   the employer to whom it was given would not thereby be prejudiced; or

  (d)   the non - compliance resulted from the death, or absence from Australia, of a person, or from ignorance, or mistake, or any other reasonable cause.



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