58Notice of injury or loss of, or damage to, property used by a covered person

58  Notice of injury or loss of, or damage to, property used by a covered person

 (1) The scheme does not apply in relation to an injury to a covered person unless notice in writing of the injury is given to Comcare:

 (a) as soon as practicable after the covered person becomes aware of the injury; or

 (b) if the covered person dies without having become so aware or before it is practicable to serve such a notice—as soon as practicable after the covered person’s death.

 (2) The scheme does not apply in relation to the loss of, or damage to, property used by a covered person in circumstances referred to in section 24 unless notice in writing of the accident that resulted in the loss or damage is given to Comcare:

 (a) as soon as practicable after the covered person becomes aware that the accident had resulted in the loss or damage; or

 (b) if the covered person dies without having become so aware or before it is practicable to serve such a notice—as soon as practicable after the covered person’s death.

 (3) If:

 (a) a notice purporting to be a notice referred to in this section has been given to Comcare; and

 (b) the notice does not comply with the requirements of this section (in relation to the time of giving the notice, or otherwise); and

 (c) either or both of the following apply:

 (i) the Commonwealth would not, by reason of the non‑compliance, be prejudiced;

 (ii) the non‑compliance resulted from the death of a person, the absence of a person from Australia, ignorance, a mistake or any other reasonable cause;

the notice is taken to have been given under this section.