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Liability Handbook
Ch 6 Claims for Compensation
6.15 Claims for Compensation - 1930 Act
- 6.15.2 Deemed acceptance of a late claim - S16(1)(ii), 1930 Act
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It is unlikely that any claim for compensation now received for a 1930 Act injury will meet the requirements of S16(1) that the claim be made before the client voluntarily left the employment of the Common — wealth and within six months of the occurrence of the accident. Accordingly it will usually be necessary to test whether the failure to make a claim in time was 'occasioned by mistake, absence from Australia or other reasonable cause'. S — ee the relevant discussion of these phrases in relation to late notices under the 1930 Act at:
7.3.1Investigation of reasonable causes
7.3.2Ignorance of entitlements is not 'mi — stake'
7.3.3'Other reasonable cause'
Note that, 'prejudice' is not relevant to late claims under the 1930 Act, it applies only to late notice of injury.
Note also that, a claim for compensation under the 1930 Act wi — ll be deemed to be accepted if the injury occurred between 3 March 1950 and 9 January 1953 for the reasons discussed in relation to late notice of injury under the 1930 Act at 7.1.4.