A member who is injured is required by s 53 to give notice in writing of the injury as soon as practicable after they become aware of the injury.
This question is testing whether s 53(3)(c) should be applied to deem that notice of injury or accident has been given under s 53 in a case where the member failed to give notice as required.
Section 53(3) of the Act states:
53(3)Where:
(a)a notice purporting to be a notice referred to in this section has been given to the relevant authority;
(b)the notice, as regards the time of giving the notice or otherwise, failed to comply with the requirements of this section; and
(c)the relevant authority would not, by reason of the failure, be prejudiced if the notice were treated as a sufficient notice, or the failure resulted from the death, or absence from Australia, of a person, from ignorance, from a mistake or from any other reasonable cause;
the notice shall be taken to have been given under this section.