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6.15.2 Deemed acceptance of a late claim - S16(1)(ii), 1930 Act


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 Commonwealth 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'. See 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 'mistake'

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 will 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.