36Employer to forward accident report and claim

### 36 Employer to forward accident report and claim > > (1AA)  [*\[Section 36 Subsection (1AA) inserted by No. 85 of 2009, s. 10, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2009-085#GS10@Hpa@EN) An employer must, within 3 working days of receiving a claim for compensation under [section 35](#GS35@EN) , notify the employer's insurer of the claim. > > > (1)  *\[Section 36 Subsection (1) amended by No. 16 of 1995, s. 29 \]*[*\[Section 36 Subsection (1) substituted by No. 39 of 2017, s. 14, Applied:01 Jan 2018\]*](/view/html/inforce/2018-01-01/act-2017-039#GS14@EN) An employer must – > > > > > > (a) immediately on receiving a claim for compensation, complete the employer's report section of the form referred to in [section 34(1)(a)](#GS34@Gs1@Hpa@EN) ; and > > > > > > > (b) within 5 working days after receiving the claim, forward the completed claim and a copy of the claim to his or her licensed insurer, if any; and > > > > > > > (c) retain a copy of the claim for the employer's own records. > > > (2)  *\[Section 36 Subsection (2) substituted by No. 16 of 1995, s. 29 \]*A licensed insurer who receives a claim for compensation forwarded under [subsection (1)](#GS36@Gs1@EN) must, within 5 working days after receiving it, forward a copy to the Board. > > > (3)  An employer who – > > > > > > (a) refuses to receive a claim for compensation; or > > > > > > > (ab) [*\[Section 36 Subsection (3) amended by No. 99 of 2000, s. 19, Applied:01 Jul 2001\]*](/view/html/inforce/2001-07-01/act-2000-099#GS19@EN) hinders or prevents, or attempts to hinder or prevent, a worker from obtaining a claim form or making or pursuing a claim for compensation under this Act; or > > > > > > > (b) dismisses a worker from employment for the reason only that the worker has given or attempted to give to the employer a claim for compensation – > > > > is guilty of an offence and is liable on summary conviction to a fine not exceeding 50 penalty units. > > > (4)  [*\[Section 36 Subsection (4) inserted by No. 85 of 2009, s. 10, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2009-085#GS10@Hpb@EN) If an employer does not comply with [subsection (1AA)](#GS36@Gs1AA@EN) in relation to a worker then, despite any contract of insurance with the employer in accordance with [section 97(1)](#GS97@Gs1@EN) , the employer's insurer is not liable to indemnify the employer for the relevant amount that the employer is liable to pay, or has paid, to the worker by way of weekly payments for the relevant period. > > > (5)  [*\[Section 36 Subsection (5) inserted by No. 85 of 2009, s. 10, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2009-085#GS10@Hpb@EN) In this section – > > > > > > (a) the relevant amount is the weekly payment payable to the worker within the relevant period; and > > > > > > > (b) the relevant period means the period that – > > > > > > > > > > (i) begins on the day, after the 3 working days referred to in [subsection (1AA)](#GS36@Gs1AA@EN) ; and > > > > > > > > > > > (ii) ends on, and includes, all of the day on which the employer notifies the insurer of the claim.