Workplace Injury Rehabilitation and Compensation Act 2013

The Authority or self-insurer must, within 120 days (or such other period as may be specified in directions given under section 352) of receiving the application, advise the worker in writing—

that the worker is deemed to have a serious injury; or

if the worker is not deemed to have a serious injury, whether or not the Authority or self‑insurer will issue a certificate under section 335(2)(c).

The advice referred to in subsection (1)(a) must be accompanied by—

a copy of all medical reports; and

affidavits attesting to such other material—

of which the employer, Authority or self‑insurer or the legal representative of any of them is aware; and

on which the employer, Authority or self‑insurer intends to rely or the substance of which the employer, Authority or self‑insurer intends to adduce in evidence in proceedings brought by the worker in accordance with this Division or in any related proceedings.

If the Authority or self-insurer fails to advise the worker in writing within the period referred to in subsection (1) as required by that subsection, the worker is deemed to have suffered a serious injury.