Legislation In This Volume

There are many different sections of the Act dealing with initial liability.

As this volume directly refers to the fundamentals of initial compensation claims, the sections summarised here relate to injury as distinct from disease (which is discussed in volume 5, Complex Liability).

Relevant sections include:

SECTION OF ACT	DESCRIPTION
4	Definitions - many initial liability definitions are found in this section.
5	This section provides definition about who is covered by the Act.
6	Section 6 provides a number of circumstances under which workers' compensation may be considered to be arising out of or in the course of an employee's employment. These are commonly referred to as 'injury provisions'.
14	This section provides that where an injury is sustained, which results in death, incapacity for work or impairment, there is liability to pay workers' compensation. It also provides subsections dealing with when liability is not payable.
53	Section 53 puts the onus on employees to advise their employer in writing (referred to as a 'Notice of injury') that an injury has occurred. If this has not occurred, the “Act does not apply”.
54	Under section 54, employees are required to provide a claim for compensation in writing, preferably on Comcare's standard initial claim form. The claim must include a medical certificate, except where medical treatment only or death is involved. A claim for compensation is not recognised (known as 'non compliant') until the provisions of section 54 have been met. The employee is advised that no further action will be taken with his or her claim and the claim is filed away, until such a time as the required information or certificate is provided.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-four-new-claims-injury/part-one-introduction/legislation-volume