Necessary prerequisites for a common law election under s.45
It is an alternative to receiving a lump sum payment as compensation. The law allows one t elect in writing to start legal proceedings for damages for non-economic loss if the individual believes that the employer or fellow employees caused the damages or injury.
According to Australian Government Comcare (2008), there are essentially three conditions to be met before an employee can elect in writing to institute an action or proceeding against the Commonwealth, the Commonwealth authority, the licensed corporation or other employee for damages for that non?economic loss.
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