Commonwealth Consolidated Acts

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SAFETY, REHABILITATION AND COMPENSATION (DEFENCE-RELATED CLAIMS) 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 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 the MRCC 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 .



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