Victorian Current Acts Victorian Current Acts(1) Notice of an injury that may entitle a person to compensation under this Act or the Accident Compensation Act 1985 must be given by the person to the employer within 30 days after the person becomes aware of the injury.
(2) Notice of an injury must—
(a) be given in a manner and form approved by the Authority; and
(b) include the workplace particulars of the injury as far as reasonably practicable.
(3) Notice of an injury is deemed to have been given to an employer if the workplace particulars of the injury are entered in the register of injuries.
(4) The employer must acknowledge in writing the giving of notice of an injury.
(5) Subject to subsection (6), a person is not entitled to recover compensation under this Act or the Accident Compensation Act 1985 unless notice of the injury has been given to the employer within the time specified in subsection (1).
(6) The Authority or self-insurer may waive or extend the time limit specified in subsection (1), if the Authority or self-insurer is satisfied that—
(a) it was not reasonably practicable for the person, or another person on his or her behalf, to have given notice in accordance with subsection (1); or
(b) the failure to give notice of the injury in accordance with the time limit specified in subsection (1) did not unfairly prejudice the employer; or
(c) to rely on subsection (5) would result in a serious injustice to the person.
(7) Without limiting the generality of subsection (6)(a), it is to be taken not to have been reasonably practicable to give notice of the injury in accordance with the time limit specified in subsection (1) if the failure to give notice was due to—
(a) ignorance or a mistake; or
(b) undue influence or duress; or
(c) being absent from Victoria.
(8) Any instrument made by the Authority setting out the manner and form of a notice of injury for the purposes of subsection (2)(a) must be—
(a) published on a Government Internet website; and
(b) available for inspection by members of the public without charge at the office of the Authority during normal business hours.
S. 19 amended by No. 5/2021 s. 5.