Relevance of this question

Section 54 of the SRC Act provides that compensation is not payable unless a claim for compensation has been made.  The section also sets out several formal requirements for a claim for compensation:

  • the claim must be made by or on behalf of the person seeking compensation;
  • the claim must be in writing on the approved form;
  • the claim must be accompanied by a medical certificate (unless it is a claim for loss or damage to property used by an employee).

Section 54(5) provides that substantial compliance with these procedural requirements is sufficient.

This question is testing whether the claim is in writing and on the approved form, as required by s 54(2):

54(1)Compensation is not payable to a person under this Act unless a claim for compensation is made by or on behalf of the person under this section.

54(2)A claim shall be made by giving the relevant authority:

(a)a written claim in accordance with the form approved by Comcare for the purposes of this paragraph; and

(b)...