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400 |
Client is deceased |
Client is Deceased
Relevance of this question
At this point in the investigation, it is necessary to identify whether the member is deceased in order to determine 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.