Fact 527 - Death Before Notice Served

Fact 527 - Death Before Notice Served

Death Before Notice Served

At this point in the investigation, it is necessary to identify whether a s 53 notice of injury or property damage has been served as soon as practicable after an employee's death.  The relevant section of the Act reads:

53(1)This Act does not apply in relation to an injury to an employee unless notice in writing of the injury is given to the relevant authority:

(a)as soon as practicable after the employee becomes aware of the injury; or

(b)if the employee dies without having become so aware or before it is practicable to serve such a notice - as soon as practicable after the employee's death.

53(2)This Act does not apply in relation to the loss of, or damage to, property used by an employee, being a loss or damage in circumstances referred to in section 15, unless notice in writing of the accident that resulted in the loss or damage is given to the relevant authority:

(a)as soon as practicable after the employee becomes aware that the accident had resulted in the loss or damage; or

(b)if the employee dies without having become so aware or before it is practicable to serve such a notice - as soon as practicable after the employee's death.

The question is specifically testing s 53(1)(b) and 53(2)(b).