7.1.3 A claim form can constitute a notice

The SRCA does not positively require that both a notice of injury and a separate claim for comp — ensation be submitted. It is open to a Delegate to decide that the compensation claim form should also be taken as a notice of injury if such a claim is made within the required time of injury or there is no prejudice to RCG because of the lateness of the claim/notice.

This interpretation is supported by the decision of the Federal Court in Comcare v Luck (1999). In that case, the claimant was successful, due in no small part to the fact that the claim form heading cont — ained the words 'incorporating Accident and Disease Report' which is no longer the case with Form D2020. However, in arriving at his judgement French J also observed:

The question really then reduces to one of construction, namely whether the claim made u — nder S54 of the Act can also be characterised as 'a notice purporting to be a notice referred to in S53' for the purposes of S53(3). In my opinion, no narrow or technical construction should be adopted.