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"the failure to give notice of injury, or the defect or inaccuracy in the notice, was occasioned by ignorance, mistake, absence from the State or other reasonable cause" - 1998 Act s 254 >>

Irvin v LA Logistics Pty Ltd [2011] NSWWCCPD 23. O'Grady DP. 12.04.11.

63. To avoid his claim being barred it was incumbent upon Mr Irvin to adduce evidence concerning “ignorance”. As was stated by Burke J in Gregson v L and MR Dimasi Pty Ltd [2000] NSWCC 47; 20 NSWCCR 520 at [61]:

“The ignorance referred to is ignorance of the rights deriving from the Act and the obligations imposed by it. Effectively the court is required to be satisfied that the applicant was unaware of those rights and obligations and thus failed to make the requisite claim...”

64. There is no evidence of any weight before the Commission as to Mr Irvin’s state of knowledge concerning his rights and obligations under the Acts. He has, in my view, failed to discharge the onus upon him to establish ignorance in terms of s 261(4) and is hence not relieved of the obligation to comply with the relevant notice provision.

Bluescope Steel Ltd v Eason [2007] NSWWCCPD 172. Roche DP. 07.08.07.

In [51]: "If a worker has failed to claim compensation within that time because of ignorance, mistake, absence from the State or other reasonable cause, it is not relevant that there is a further delay after that six months for which the worker has no excuse: Murray v Baxter (1914) 18 CLR 622 at 633."

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