Section 260(5) of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) is not limited to defective claims but extends to a complete failure to make a claim, provided the failure was occasioned by ignorance, mistake or other reasonable cause. A Deputy President on internal appeal under s 352 is probably not required to identify 'error' on the part of the arbitrator before revoking the decision. Where procedural unfairness is found on internal review, the reviewer should take steps to remedy the unfairness rather than simply setting aside the claim.
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