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7.1.5 Exceptions to the prohibition of oral notices of injury


Where an ADF member attempts to rely upon an alleged oral notice of injury to a supervisor or superior officer, a written confirmation by that superior officer to the effect that an oral notice was given, may (at the discretion of the Delegate) be accepted as a written notice under the Act. Note, however, that a corroborating statement by a current or former colleague (i.e. of the same rank at that time) would not be acceptable, as the employee's 'notice' of injury must have been addressed to the 'relevant authority', i.e. a representative of the employer.

Note: This does not mean that a corroborating statement by a colleague is not a useful and acceptable means of confirming the circumstances of an injury, but only that a statement to/from such a person it is not also a 'notice' of injury to the employer.