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6.3.2 Electronic lodgement of claims constitutes a claim in writing
The SRCA requires claims for liability and compensation to be made in writing and be substantially compliant with a form approved by Commission. The Electronic Transactions Act 1999 (ETA) provisions apply to the SRCA and state that the requirement for claims to be made ‘in writing’ can be satisfied if they are lodged by means of electronic communication. The receipt of electronic SRCA claims is not required to be the subject of an instrument (as is the case under the MRCA and VEA) but, as a matter of Commission policy, mirrors that of electronic MRCA claims.
The manner of electronically lodging claims is detailed below and includes;
- Transmission by fax – the MRCA instrument provides a list of fax numbers.
- Transmission via the internet (ie MyAccount), and
- Transmission via email – the MRCA instrument provides a list of email addresses
Any supporting material that is required by the SRCA to be lodged in respect of a claim or other document, may be lodged in the same manner as approved by the MRCA instrument for the claim or other document to which it relates. If proof of identity (POI) documents are requested to be lodged in respect of a claim under SRCA, they may be lodged in the same manner as approved by the MRCA instrument for the kind of claim to which they relate. This allows clients to scan certified copies of POI and other documents and provide them as electronic attachments as they do currently thorough MyAccount. The delegate will continue to be required to be satisfied with the authenticity and validity of any e-mail claim they receive, supporting documents and including the POI requirements.