Table 3.5: Prescribed time periods for claim submission

  NSWVicQldWASA Tas NTACT C’wealth Comcare C’wealth Seacare C’wealth DVA New Zealand 
Timeframe for claim lodgment Within 6 months — s261(1) Workplace Injury Management and Workers Compensation Act 1998; or If injury resulting in death or serious and permanent disablement within 3 years — s261(4), 1998 Act; or longer period with approval of SIRA s261(5), 1998 Act. As soon as practicable after the injury becomes known in the case of a claim for weekly payments, 2 years for death claims, 6 months after relevant service for claim for medical and like service— s20(8),Workplace Injury Rehabilitation and Compensation Act 2013 (WIRC Act).For certain employers, claims must be lodged within 5 days of receiving it — s31(3) 

6 months — s131(1), Workers’ Compensation and Rehabilitation Act 2003 

(if beyond 20 days, extent of the insurer’s liability to pay compensation is limited to a period starting no earlier than 20 business days before the day on which the valid application is lodged) — s131(2) 

Beyond 6 months — s131(5)). 

12 months --s178(1)(b), Workers’ Compensation and Injury Management Act 1981 

Beyond 12 months — s178(1)(d). 

Within 6 months of the day on which the entitlement to make the claim arises — s30(1)(b), Return to Work Act 2014 

A claim can be made later if the determination has not been substantially prejudiced or if the time frame was missed due to ignorance, mistake, absence from the State or other reasonable cause—s30(3). 

Within 6 months after the date of the occurrence of the injury, or where the injury results in the death of the worker, within 6 months after the date of the death — s32(1)(b), Workers Rehabilitation and Compensation Act 1988 

Beyond 6 months if the failure to make the claim was occasioned by mistake, absence from the State of the worker, or other reasonable cause — s38(1). 

6 months — s182(1) Return to Work Act 1986. 

Beyond 6 months — s182(3) 

3 years — s120(1)(b), or 

Beyond 3 years — s120(2), Workers Compensation Act 1951. 

No specified time — s54, Safety, Rehabilitation and Compensation Act 1988. No time specified — s63, Seafarers Rehabilitation and Compensation Act 1992. 

Military Rehabilitation and Compensation Act 2004 (MRCA) — No specified time — s319. 

Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) — As soon as practicable after employee becomes aware of the injury or as soon as practicable after the death — s53. 

Within 12 months — s53, Accident Compensation Act 2001. 
How a claim must be lodged 

A workplace injury must be notified to the employer as soon as possible. – s44 and s254, 1998 Act 

The employer must notify the insurer within 48 hours of becoming aware that a worker has received a workplace injury– s44, 1998 Act 

A worker, employer or their representative can make initial notification of the injury to the insurer, either electronically, in writing or by phone 

s20(5)

A claim for compensation must be given to or served on the employer or self-insurer; or Worksafe Victoria if s 29 or 31(4) of the WIRC Act applies. 

In an approved form given or served on the employer — s20

With the insurer in the approved form (whether by paper form, online, telephone or submitted by doctor). Worker must lodge claim form and first certificate of capacity with employer. 

For workers of an employer who is not a self-insured employer, the claim form must be given by the worker, or their representative to: 

their employer direct (if the worker is in employment at the commencement of incapacity), or the Corporation, or the employer’s claims agent in one of the following manners: 

in person, via post, via facsimile, via telephone or via email 

30(1)(a). 

Claim form plus medical certificate to be given to employer or person designated by employer s34 

May be given to employer personally or by post s35. 

On approved form — s82, if claiming for lost time must be accompanied by Medical certificate of capacity - First 

Giving or serving personally on employer. Posting to employer — s83. 

s93,s94 — Injury notice must be given to the employer. 

s116 — A worker may claim compensation under this S. 

S 54(2) — A written claim on a form substantially complying with the form approved by Comcare, given to the relevant authority. s63(2) — A written claim on a form substantially complying with the form approved by the Seacare Authority, given to the employer. 

MRCA s319(2) A claim under paragraph (a), (b) or (c) must: 

(a) be in writing; and (b) be given to the Commission; and (c) satisfy the requirements (if any): 

(i) prescribed by the regulations; or 

(ii) determined in writing by the Commission;

as to the form and content of claims, or claims of that kind. 

s319(2A) A claim under paragraph (1)(d) must: 

(2A) A claim under paragraph (1)(d) must: 

(a) be in writing and be given to the Commission; or 

(b) be made orally to the Commission. Note: s 323 sets out when a claim is taken to have been given to the Commission

DRCA s54(2) — A claim shall be made by giving the relevant authority: 

(a) a written claim in accordance with the form approved by MRCC for the purposes of this paragraph; and 

(b) except where the claim is for compensation under A 16 or 17— a certificate by a legally qualified medical practitioner in accordance with the form approved by MRCC for the purposes of this paragraph. 

Claim form or in a manner specified by the Corporation. 

The Corporation may impose reasonable requirements such as requiring the person to lodge a written claim. 

Employer acknowledges receipt of claim N/A As soon as reasonably practicable — s21. N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 
Employer passes on claim form to insurer/authority Notification must occur within 48 hours (s44, 1998 Act) and the claim must be forwarded within 7 days of receiving claim or other documentation in respect of a claim — s264(1), 1998 Act. Within 10 days after the employer receives the claim — s73(1). N/A 5 working days — s57A(2A). 5 business days — s30(5). 

Employer must notify insurer of claim within 3 working days of receiving claim — s36(1AA). 

Employer must immediately complete employer’s report section of claim and forward it to insurer within 5 working days of receiving claim — s36(1) 

3 working days — s84(1). 7 days — s126(1). N/A N/A N/A N/A 
Employer/ worker supplies further information to insurer on request 7 days from insurer request — s264(2), 1998 Act. Prescribed time periods for claim submission exist within the legislation for Employers (10 calendar days from receipt) and worker (assoon as practicable). In relation to the Agent/Self-Insurer decision on liability, the Act prescribes 28 calendar days from receipt for claims for weekly payments otherwise claim is deemed accepted. 10 business days of receiving notice — s167(2). N/A N/A N/A N/A 7 days — s126(2). 28 days — s58. No time specified — s67. 

DRCA s58 – 28 days 

MRCA s330 – 28 days 

No time limit on the claimant but ACC must make request for additional information within 21 days after claim is lodged — s56(2). 
Insurer passes on claim form to authority N/AN/A. Authorised agent of authority has claims management function. N/AWithin 21 days after payments commence — s57C(2). N/A 5 working days — s36(2). 10 working days — s84(2). N/A N/AN/AN/A N/A 
Availability of provisional liability 

Yes 

Commence weekly payments on a provisional basis within 7 days of receiving initial notification, unless the insurer has one of the 7 prescribed reasonable excuses (s267, 1998 Act) Provisional medical expenses up to $10,000 (s280, 1998 Act). However reasonable excuse cannot be applied to medical expenses. 

Provisional payments for reasonable medical expenses are available for eligible employees with a mental injury - s263B. Provisional payments can be made where it appears that a person may be entitled to compensation in respect of the death of a worker —s243.Maximum amount for medical and other costs $9,600 (indexed each year in accordance with CPI)

Yes 

For psychological injury, an insurer must take all reasonable steps to provide reasonable services to support the worker in relation to the psychiatric or psychological injury during the claim determination period s232AB. 

No 

No 

However, obliged to offer interim benefits to a worker if the claim has not been determined within 10 days of receipt s32. 

Yes, employer obliged to commence weekly payments — s81. Payments are not an admission of liability — s81AA. Liability is deemed accepted if decision not made within 10 working days of receiving claim (s85). Liability continues until 14 days after the employer notifies the claimant of the decision. 

If a worker makes a claim in relation to an injury for which compensation is payable under the Act, the licensed insurer is liable to pay weekly compensation and compensation for costs in relation to the injury until the insurer rejects or settles the claim(s134). 

An insurer may state that payment is not an admission of liability for the injury in relation to the injury for which a payment is made (s133)

N/A N/A N/A N/A 
Timeframes for claim decision Decision liability for all or part of a claim within 21 days of the claim being made —s274(1) and s279(1), 1998 Act. 28 days for weekly payments if received by insurer within 10 days or 39 days in other circumstance — s75. Provisional payments are payable up to the date of claim acceptance or in any other case, 13 weeks after the day the worker is determined to be entitled to provisional payments  - s 243I. No statute for deemed acceptance or rejection, however claims must be determined within 20 business days — s134(2) where practical. Insurers have up to 14 days —s57A(3). 10 Business days — s31(4) (wherever practicable). If the liability has not been disputed via a referral to the Tribunal within 84 days, the liability is taken to have been accepted. — s81A(1), s81AB. 

10 working days after receipt by employer —s85(1)

If employer fails to notify of a decision within the time specified the employer is deemed to have accepted liability for compensation payable and this must continue until 14 days after the employer notifies the claimant of the decision —s87

28 days — s128(1). 

As of 31 December 2023 there are no legislated timeframes for claim decisions. Determining authorities must make determinations accurately and quickly — s69(a),  108E(b). 

As of 1 April 2024, statutory timeframes for decision making for initial claims under s14 and for reconsideration of determination commence as set out in the Safety, Rehabilitation and Compensation Regulations 2019. The prescribed timeframes will be: 20 calendar days for injury or aggravation of an injury (other than a disease) claims, 60 calendar days for claims made in respect of a disease, 30 calendar days to decide a request by a claimant to reconsider a determination—ss61(1A), 62(6)

Claims are deemed to be rejected if not determined within the following statutory time frames: 60 days for death claims (s72), 12 days for incapacity, loss of property and medical expenses (s73), 30 days for permanent impairment (s73A). N/A The Corporation must make a claim decision within 21 days or seek an extension. If an extension is sought the Corporation must make a decision within 4 months from the date the claim is lodged. For complicated claims the Corporation has up to 9 months to make a decision — s56 and s57.