Commonwealth Consolidated Acts

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SAFETY, REHABILITATION AND COMPENSATION (DEFENCE-RELATED CLAIMS) ACT 1988 - SECT 53

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

  (1)   This Act does not apply in relation to an injury to an employee unless notice in writing of the injury is given to the relevant authority:

  (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 a loss or damage in circumstances referred to in section   15, unless notice in writing of the accident that resulted in the loss or damage is given to the relevant authority:

  (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)   Where:

  (a)   a notice purporting to be a notice referred to in this section has been given to the relevant authority;

  (b)   the notice, as regards the time of giving the notice or otherwise, failed to comply with the requirements of this section; and

  (c)   the relevant authority would not, by reason of the failure, be prejudiced if the notice were treated as a sufficient notice, or the failure resulted from the death, or absence from Australia, of a person, from ignorance, from a mistake or from any other reasonable cause;

the notice shall be taken to have been given under this section.



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