Notice of insurer decisions—work injury damages
38A Notice of insurer decisions—work injury damages
A notice under section 78 of the 1998 Act of an insurer’s decision to dispute liability in a work injury damages matter is to contain the following information—
a statement to the effect that, before a claimant can commence court proceedings, the claimant must firstly serve a pre-filing statement (in accordance with section 315 of the 1998 Act) on the defendant and secondly refer the claim to the Commission for mediation (in accordance with section 318A of the 1998 Act),
a statement to the effect that the claimant is not entitled to raise matters in court proceedings that are materially different from those contained in the pre-filing statement, except with the leave of the court,
a statement identifying all the reports and documents submitted by the worker in making the claim for compensation,
a statement to the effect that the worker can seek advice or assistance from the worker’s trade union organisation, from an Australian legal practitioner or from any relevant service established by the Authority,
the street address and the email address of the President or the Principal Registrar (within the meaning of the District Court Act 1973) of the District Court.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.