Notice requirements—coal miners
38B Notice requirements—coal miners
A notice under section 74 of the 1998 Act of an insurer’s decision to dispute liability in a coal miner matter is to contain the following information—
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,
a statement to the effect that the worker can refer the dispute for determination by the District Court,
if the insurer has referred or proposes to refer the dispute for determination by the District Court, a statement to that effect specifying the date of referral or proposed referral,
a statement to the effect that the matters that may be referred to the District Court are limited to matters notified in the notice, in a notice after a further review in correspondence prior to any such referral concerning an offer of settlement or in a request for a further review, except with the leave of the District Court,
the street address and the email address of the Principal Registrar (within the meaning of the District Court Act 1973) of the District Court.
Note.
The repeal of section 74 of the 1998 Act by the Workers Compensation Legislation Amendment Act 2018 does not apply to coal miners. See clause 5 of Part 19L of Schedule 6 to the 1987 Act.
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