Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
120A Proceedings on late claims
(1) A person may apply to the Magistrates Court to allow a proceeding for the recovery of compensation to be maintained.
Note Section 120 (2) allows the proceeding to be continued even if the claim was made after the end of the time periods set out in s 120 (1), if the Magistrates Court allows it to be maintained under this section.
(2) The Magistrates Court may allow the application if the court considers that it is just and reasonable to allow the proceeding to be maintained.
(3) Before making a decision about whether to allow the application, the Magistrates Court may hear anyone likely to be affected by the proceeding if the court considers it appropriate.
(4) In considering whether to allow the application, the Magistrates Court must have regard to all the circumstances of the case, including the following:
(a) the length of and reasons for the delay in making the claim;
(b) the extent to which, having regard to the delay, there is or is likely to be prejudice to the employer;
(c) the conduct of the employer and the employer's insurer after the cause of action accrued to the claimant, including any steps taken by the employer or the employer's insurer to make available to the claimant ways of working out facts that were or might have been relevant to the cause of action;
(d) the duration of any disability of the worker arising at the time of or after the injury giving rise to the claim;
(e) the extent to which the claimant acted promptly and reasonably once the claimant knew that the injury to, or death of, the worker could be capable at that time of giving rise to a claim for compensation;
(f) any steps taken by the claimant to obtain medical, legal or other expert advice and the nature of any advice received.
(5) In this section:
"claimant", if the claim is made by a person other than the worker, includes the worker.