Section 38 - Workers Rehabilitation and Compensation Act 1988 - Effect of failure to make claim

38Effect of failure to make claim

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### 38 Effect of failure to make claim > > (1) [*\[Section 38 Subsection (1) amended by No. 42 of 2007, s. 12, Applied:31 Oct 2007\]*](/view/html/inforce/2007-10-31/act-2007-042#GS12@Hpa@EN) *\[Section 38 Subsection (1) amended by No. 44 of 1993, s. 25 \]*The failure to make a claim for compensation within the period prescribed by [section 32(1)(b)](#GS32@Gs1@Hpb@EN) , [section 32(2)](#GS32@Gs2@EN) or [section 32(2A)](#GS32@Gs2A@EN) does not affect the validity of the claim if the failure was occasioned by mistake, absence from the State of the worker, or other reasonable cause. > > > (2) Without limiting the generality of the expression ***reasonable cause*** in [subsection (1)](#GS38@Gs1@EN) , that expression includes – > > > > > > (a) the making of a payment to a worker that he believes to be a payment of compensation under this Act; and > > > > > > > (aa) [*\[Section 38 Subsection (2) amended by No. 85 of 2009, s. 11, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2009-085#GS11@EN) a failure by the worker's employer to comply with [section 33A](#GS33A@EN) in relation to the injury to which the worker's claim for compensation relates; and > > > > > > > (b) any representation that is made to a worker that he believes is made by or on behalf of his employer to the effect that compensation under this Act will or will not be payable. > > > (3) [*\[Section 38 Subsection (3) amended by No. 42 of 2007, s. 12, Applied:31 Oct 2007\]*](/view/html/inforce/2007-10-31/act-2007-042#GS12@Hpb@EN) *\[Section 38 Subsection (3) amended by No. 50 of 1992, s. 10 \]**\[Section 38 Subsection (3) amended by No. 44 of 1993, s. 25 \]**\[Section 38 Subsection (3) amended by No. 16 of 1995, s. 91 and Sched. 1 \]*Any dispute relating to the failure of the worker to make a claim for compensation within the period prescribed by [section 32(1)(b)](#GS32@Gs1@Hpb@EN) , [section 32(2)](#GS32@Gs2@EN) or [section 32(2A)](#GS32@Gs2A@EN) may be referred by either party to the dispute to the Tribunal for determination.