Workers’ Compensation (Dust Diseases) Act 1942

A person (the defendant) against whom proceedings to which this Schedule applies have been taken must notify the Authority in writing of any award, judgment, settlement or agreement resulting in the final determination of the proceedings.

The notification must be given to the Authority within 28 days after the final determination.

The notification must be accompanied by the following documents—

a document or documents that set out the following particulars—

the name, address and date of birth of the person who commenced the proceedings (and if more than one, those particulars for each person),

a statement as to whether or not the defendant was sued in the capacity of employer,

a statement as to whether or not the defendant has made, or is required to make, any contribution or other payment in connection with the final determination of the proceedings,

the amount and extent of any such contribution or other payment,

if a contribution or other payment (as referred to in subparagraphs (iii) and (iv)) has been or is to be made—a statement as to whether or not an amount has been deducted from the contribution or payment as referred to in section 8E (3) (b),

the amount and extent of any such deduction,

the names and addresses of all parties to the award, judgment, settlement or agreement,

a statement as to whether or not any person against whom the proceedings were brought (other than the defendant) has made, or is required to make, any contribution or other payment in connection with the final determination of the proceedings,

the amount and extent of any such contribution or other payment,

if a contribution or other payment (as referred to in subparagraphs (viii) and (ix)) has been or is to be made—a statement as to whether or not an amount has been deducted from the contribution or other payment as referred to in section 8E (3) (b),

the amount and extent of any such deduction,

a copy (whether in electronic or hard copy form) of the following documents—

the final statement of claim in the proceedings,

the final particulars of damage filed by the person or persons who commenced the proceedings,

any award, judgment, terms of settlement, agreement, or other document (such as a deed of release) evidencing the terms of the final determination of the proceedings.

It is sufficient compliance with subclause (3) (a) to the extent that documents provided under subclause (3) (b) contain the particulars required by subclause (3) (a).

Where there is more than one defendant in proceedings to which this Schedule applies, each defendant is required to comply with this clause. In such a case, the Authority may consent to a defendant complying with this clause on behalf of other defendants in the proceedings.

The Authority may at any time by notice in writing require a defendant in proceedings to which this Schedule applies to provide to the Authority, within 21 days or such longer period as the Authority may allow, specified information or documents concerning the determination of the proceedings.

A person who fails to comply with a requirement imposed by or under this clause is guilty of an offence.

The Authority may exempt any particular proceedings or class of proceedings from the requirements as to notification under this clause. Any exemption given for a class of proceedings is to be publicised in a manner determined by the Authority and any revocation or variation of such an exemption must be similarly publicised.