The Tribunal does not have jurisdiction to hear the referral, and it is dismissed.

Workers compensation - Tribunal's jurisdiction to hear s 81A referral - Whether valid claim for compensation if claim form is unsigned - Whether claim disputed within time.

Workers Rehabilitation and Compensation Act 1988; ss 34, 81A, 153, 159.

Freemasons Homes of Tasmania v Price [1994] TASSC 3

The decision has been anonymised for the purpose of publication.

1. The worker is a paramedic educator with Ambulance Tasmania. In October 2024 he made a claim for workers compensation against his employer.
2. By email of 18 October 2024 the worker sent to the Injury Management section of the Department of Health (DoH) a workers compensation claim form with a three page attachment setting out the events that he said had caused him to suffer psychological injury, a workers compensation certificate of capacity dated 17 October 2024 and an invoice from his general practitioner.
3. On the same day, that is 18 October 2024, the worker received an email in response from Ms Ogle from DoH, who introduced herself as his injury management co-ordinator. In her email Ms Ogle noted:

Please note we will require your signature on page 4 of the claim form. Please provide to myself once completed.

4. The worker forwarded a duly signed copy of page four of the claim form to Ms Ogle by email on 21 October 2024.
5. The employer elected to dispute liability to pay compensation to the worker, and on 13 January 2025 referred its dispute to the Tribunal pursuant to s 81A of the Workers Rehabilitation and Compensation Act 1988 (the Act).
6. The employer also filed an affidavit of service to the effect that the worker was served with notice of the dispute on 13 January 2025 in accordance with s 159 of the Act whereby a notice of the dispute and a copy of the s 81A referral were left for the worker at his usual place of residence with a person who had apparently attained the age of 16 years and also apparently resided at the same address.
7. An employer who disputes liability to pay compensation to a worker must, within 84 days of receiving the claim for compensation, serve the worker with written notice that the employer disputes liability in accordance with s 81A (1)(a)(i) and (ii) and s 81A(1)(b) of the Act, and refer the matter to the Tribunal in accordance with s 81A(1)(c). If the employer fails to comply with the requisite time frame in relation to either of those things, the Tribunal does not have jurisdiction to hear and determine the employer's s 81A referral.
8. The issue that has arisen is the question of the date upon which the employer received the worker's claim for compensation. If the claim was made on 18 October 2024, the 84 days within which the employer could serve the worker with notice of the dispute and file the s 81A referral expired on Friday 10 January 2025. If the claim was made on 21 October 2024, the 84 days expired on Monday 13 January 2025.
9. The employer says that the claim for compensation was not made until the worker had provided the signed claim form to the employer, which was 21 October 2024. The employer says it has complied with the requirements of s 81A(1)(a), (b) and (c) within the permitted 84 days, and the Tribunal has jurisdiction to hear and determine the employer's s 81A referral.
10. The worker says the claim for compensation was made on the day the unsigned claim form and initial certificate were given to the employer, that is on 18 October 2024. If that is correct, then the employer has not given notice of the dispute or filed the referral within the 84 days permitted by s 81A and the Tribunal has no jurisdiction to hear the s 81A referral.
11. The question that needs to be determined is whether the claim for compensation was made on 18 October 2024 when the worker delivered to the employer the unsigned claim form, or whether the claim was made on 21 October 2024 when the signed claim form was provided to the employer.

1. Section 34 of the Act relevantly provides:

(1) Subject to subsection (2A) , a claim for compensation is to- > > (a) be in a form approved by the Board; > > (b) be accompanied by a certificate in a form approved by the Board signed by a medical practitioner or an accredited person; and > > (c) be given to- > > (i) the employer of the worker or, if there is more than one employer, to one of the employers of the worker; or > > (ii) a person designated for the purpose by the employer. > > (2) If a claim for compensation and a medical certificate under subsection (1) (b) or subsection (2A)(b) are not given at the same time, the claim for compensation shall be deemed not to have been made until the day on which the remaining document is given to the employer. > > (2A) ................. > > (b) ................... > > (3) A defect, omission, or irregularity in a claim for compensation or a medical certificate under subsection (1) (b) shall not affect the validity of the claim and the claim shall be dealt with in accordance with this Part unless the defect, omission, or irregularity relates to information which is not within the knowledge of, or reasonably ascertainable by, the employer or his licensed insurer.

1. The employer's submissions that the claim was not made until the signed claim form was received by the employer rely upon the form that was approved by the WorkCover Board (the Board) and released on 1 February 2024 (the approved form).
2. The front page of the approved form provides a worker with some general information about workers compensation, and more specific information under the headings 'How to make a claim' and 'Completing this form'. In the body of the form there are different sections to be completed, headed as follows:

1.Your details > > 2. Your injury details > > 3. Your declaration (required) > > 4. Your consent and authority to release your medical information (optional)

3. After the parts of the form that the worker needs to complete, there is a heading 'Worker Checklist' and further information about the next steps for the worker and the employer, and information about worker's personal and health information and rights and responsibilities.
4. The 'declaration' under the heading 'Your declaration (required)' is "I acknowledge that it is an offence to make a false and misleading statement in connection with my claim (under section 153 of the Workers Rehabilitation and Compensation Act 1988)". There is a space for a worker to sign and date underneath, and print their full name.
5. Under the heading Your consent and authority to release your medical information (optional)' there is an explanation about the consequences if the worker opts to consent to authorise treatment providers and others to release medical information. The worker is asked to complete the section to indicate either 'Yes' or 'No' to whether they consent. There is a space for the worker to sign and date underneath.
6. Under the heading 'Worker checklist and additional information' the form states:

• Answer all questions in the worker section.
• Read and sign your declaration (section 3). This is required for your claim to progress.
• Read, select 'yes' or 'no', and sign your consent and authority to release your medical information (section 4). You don't have to provide this consent and authority but if you do (by selecting 'yes') your claim may be assessed more quickly.
• Include your Workers Compensation Certificate of Capacity (medical certificate) with this claim form.
• Forward this form along with your Workers Compensation Certificate of Capacity (medical certificate) to your employer.
• Check that your employer has received your claim form and certificate.
• Keep records of any documents and correspondence including dates.

1. The employer submits that the requirement in the claim form for the worker to sign the declaration at part 3 is something that had been deliberately included by the Board as part of the current approved form, where the previous approved form did not contain such a requirement. Although the previous approved claim form is not in evidence before me, I am well aware of its terms.
2. The employer says this conclusion is supported by the advice to the worker completing a claim form that the signed declaration is required for the claim to progress.
3. The employer says that these parts of the claim form support an argument that a claim only crystallises when the employer has received both the signed claim form, accompanied by a medical certificate.
4. The employer also refers to s 34(3) and submits that the worker's failure to sign the claim form amounts to a 'defect, omission or irregularity' which relates to information that is not in the knowledge of the employer, and therefore would not be excused under s 34(3).

1. One view that might be taken of the headings of Part 3 and Part 4 of the approved claim form is that the indication in Part 3 that the worker's signed declaration is 'required' is simply to distinguish it from the option of giving consent to access to the worker's medical records by signing Part 4.
2. However, because the claim form also advises a worker that the declaration in Part 3 must be signed for the claim to progress, it does appear, as submitted by the employer, that the Board likely intended that a claim form would not be valid unless signed.
3. Irrespective of what the Board's intention may have been in approving the claim form as it now stands, it does not displace the intention of Parliament.
4. In Freemasons Homes of Tasmania v Price [1994] TASSC 3, Underwood J held at [8], in respect of s 34(3) of the Act:

The enactment of this subsection clearly reflects Parliament's intention to provide that substantial compliance with s34(1) is sufficient to satisfy the requirements of the subsection. This general intention is also reflected in s34(2). Even without subs(2) and (3), having regard to the purpose and nature of the enactment and the consequences that would flow from a requirement that there must be strict compliance with the prescribed form to make a valid claim for compensation, the intention of Parliament is clear. Substantial compliance with subs(1) will suffice.

5. The worker used the claim form approved by the Board to make his claim for compensation. He filled in the entirety of the form that he needed to complete, except that he failed to sign the declaration that he acknowledged that it is an offence to make a false or misleading statement in connection with his claim under the Act.
6. I find that the worker, in giving his employer the unsigned claim form and medical certificate, substantially complied with the requirements of s 34(1) of the Act.
7. Insofar as his failure to sign the declaration may be a defect, omission or irregularity in the claim for compensation for the purposes of s 34(3) the fact that it is an offence to make a false and misleading statement in connection with a claim for compensation under the Act is information that would certainly be within the knowledge of, or reasonably ascertainable by, the employer.

1. It follows that the worker's claim was made on the day he gave the unsigned claim form and medical certificate to his employer, that is 18 October 2024. Therefore, the employer failed to refer the dispute to the Tribunal or give notice of the dispute to the worker within the 84 days permitted by s 81A(1) of the Act.
2. The Tribunal does not have jurisdiction to hear the employer's s 81A referral, and the referral is dismissed.