39Employer to give claimant notice of status of claim within 28 days

39 Employer to give claimant notice of status of claim within 28 days

[Section 39 Amended by No. 5 of 1990, s. 3 and sched. 1 ][Section 39 Amended by No. 50 of 1992, s. 10 ][Section 39 Substituted by No. 16 of 1995, s. 31 ][Section 39 Substituted by No. 99 of 2000, s. 20, Applied:01 Jul 2001] [Section 39 Substituted by No. 85 of 2009, s. 12, Applied:01 Jul 2010]

(1)  If an employer receives a claim for compensation from a worker under section 35 , the employer or the employer's insurer, within 28 days –

(a) must notify the worker in writing as to whether a decision has been made to accept, or not to accept, liability for the injury to which the claim relates; and

(b) if no decision has been made to accept, or not to accept, liability for the injury, must specify in the notice –

(i) the reasons why the decision has not been made; and

(ii) the steps the employer, or the employer's insurer, intends to take before making the decision.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A person referred to in subsection (1) is not required to comply with that subsection if another person referred to in that subsection complies with the subsection.