Notice of common law claims against third party
46 Notice of common law claims against third party
Where:
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;
the death, injury, loss or damage occurred in circumstances that appear to create a legal liability in a person (other than the Commonwealth, a Commonwealth authority, a licensed corporation or another employee) to pay damages in respect of the death, injury, loss or damage; and
the employee or a dependant of the deceased employee, as the case may be, makes a claim against that person for the recovery of such damages;
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 Comcare in writing of the claim.
Penalty: 5 penalty units
Subsection (1) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.