The notice of injury provisions and the provisions for making a claim for compensation are entangled together i — n S16 of the 1930 Act:
16(1) The Commissioner shall not admit a claim for compensation under this Act for an injury unless notice of the accident has been served upon him as soon as practicable after it has happened, and before the employee has voluntarily left the employment of the Commonwealth, and unless the claim for compensation has been made:
a)within six months from the occurrence of the accident, or
b)in the case of death – within six months after advice of the death has been received by the claimant
Provided always that:
(i)the want of or any defect or inaccuracy in the notice shall not prevent consideration of the claim by the Commissioner if he finds that the Commonwealth is not prejudiced by the want, defect or inaccuracy, or that the want, defect or inaccuracy was occasioned by mistake, absence from Australia or other reasonable cause, and
(ii)the failure to make a claim within the period above specified shall not prevent consideration of the claim by the Commissioner if he finds that the failure was occasioned by mistake, absence from Australia or other reasonable cause.
16(2) Notice in respect of any injury to which this Act applies shall contain the name and address of the person injured, and a statement in ordinary language of the cause of the injury and the date at which the accident happened.
16(3) The notice may be served by sending it by post in a registered letter properly addressed to the Permanent Head or Chief Officer of the Department or authority in or by which the employee was employed at the time of the accident, or by delivering it at the head office of the Department or authority or to the officer in charge of the work on which the employee was so employed, or in any other prescribed manner.
16(4) In the application of this section, in accordance with Section 10, and Subsection 4(2), of this Act, in relation to a claim, in respect of an employee who is suffering from a disease or whose death has been caused by a disease:
a)notice of the accident shall be deemed to have been served in accordance with the provisions of Subsection (1) of this section if notice of the contracting of the disease was served on the Commissioner:
(i)in the case of a claim arising out of the death of the employee caused by the disease – as soon practicable after his death, or
(ii)in any other case – as soon as practicable after the employee first became aware that he was suffering from the disease or, if he died without having become so aware, as soon as practicable after his death
b)a claim for compensation shall be deemed to have been made within the period required by Subsection (1) of this section if the claim was made:
(i)in the case of a claim arising out of the death of the employee caused by the disease – within six months after advice of the death was received by the claimant, or
(ii)in any other case – within six months after the employee first became aware that he was suffering from the disease or, if he died without having become so aware, within six months after his death
c)a notice shall, for the purposes of Subsection (2) of this section, be deemed to contain the date at which the accident happened if it specifies the date at which, or period during which, the employee contracted the disease, and
d)a notice shall be deemed to have been duly served in accordance with the last preceding Subsection if:
(i)it was sent in the manner specified in that Subsection to the Permanent Head or Chief Officer of the Department or authority by which the employee was employed in employment to the nature of which the disease was due or, if he was so employed in more than one Department or authority, to the Permanent Head or Chief Officer of the Department or authority by which he was last so employed
(ii)it was delivered at the head office of the Department or authority by which he was so employed or last so employed, as the case requires, or
- it was served in any other prescribed manner.