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7.1.3 A claim form can constitute a notice


The SRCA does not positively require that both a notice of injury and a separate claim for compensation be submitted. It is open to a Delegate to decide that the compensation claim form should also be taken as a notice of injury if such a claim is made within the required time of injury or there is no prejudice to RCG because of the lateness of the claim/notice.

This interpretation is supported by the decision of the Federal Court in Comcare v Luck (1999). In that case, the claimant was successful, due in no small part to the fact that the claim form heading contained the words 'incorporating Accident and Disease Report' which is no longer the case with Form D2020. However, in arriving at his judgement French J also observed:

The question really then reduces to one of construction, namely whether the claim made under S54 of the Act can also be characterised as 'a notice purporting to be a notice referred to in S53' for the purposes of S53(3). In my opinion, no narrow or technical construction should be adopted.