QLDIn ForceAct
Workers' Compensation and Rehabilitation Act 2003
sec.296Claimant to have given complying notice of claim or insurer to have waived compliance
Start here
Get a plain-English read of sec.296
Turn the raw legal text into a practical explanation grounded in Workers' Compensation and Rehabilitation Act 2003.
### sec.296 Claimant to have given complying notice of claim or insurer to have waived compliance
The claimant may start the proceeding if any of the following have happened—
at least 6 months or, for a claimant with a terminal condition or to whom section 302 (1) (b) applies, 3 months have elapsed after—
the claimant has given, or is taken to have given, a complying notice of claim; or
the insurer has waived the claimant’s noncompliance with the requirements of section 275 with or without conditions; or
the court has made an order under section 297 or 298 ;
the insurer has admitted liability, but is claiming contributory liability from the claimant, a contributor or another party, and the claimant has given the insurer written notice that the extent of the admission is disputed;
the insurer has admitted liability but damages can not be agreed.
s 296 amd 2004 No. 45 s 56 ; 2013 No. 52 s 26 (retro); 2015 No. 13 s 8 (retro)
- (a) at least 6 months or, for a claimant with a terminal condition or to whom section 302 (1) (b) applies, 3 months have elapsed after— (i) the claimant has given, or is taken to have given, a complying notice of claim; or (ii) the insurer has waived the claimant’s noncompliance with the requirements of section 275 with or without conditions; or (iii) the court has made an order under section 297 or 298 ;
- (i) the claimant has given, or is taken to have given, a complying notice of claim; or
- (ii) the insurer has waived the claimant’s noncompliance with the requirements of section 275 with or without conditions; or
- (iii) the court has made an order under section 297 or 298 ;
- (b) the insurer has admitted liability, but is claiming contributory liability from the claimant, a contributor or another party, and the claimant has given the insurer written notice that the extent of the admission is disputed;
- (c) the insurer has admitted liability but damages can not be agreed.
- (i) the claimant has given, or is taken to have given, a complying notice of claim; or
- (ii) the insurer has waived the claimant’s noncompliance with the requirements of section 275 with or without conditions; or
- (iii) the court has made an order under section 297 or 298 ;