Summary of Issue: Time Limitation

Decision 65099 Full Text of Decision 65099

The Umpire stated that nothing in Section 40 of the Act stipulates that the prescribed 36-month period is to be determined based on the date the claimant is notified of a penalty. Instead, it says the Commission may impose a penalty within 36 months of the date the claimant committed the act or omission. In this case, the Umpire ruled that the decision had been made and notice letter sent within the prescribed time.

Decision A-0099.03 Full Text of Decision A-0099.03

The Commission imposed a penalty and notified the claimant for an act or omission that occurred within the last 36 months. A note on file records subsequent information received by the employer which would affect the amount of the penalty. The Umpire found that this note by the agent constituted the imposition of a penalty beyond the 3 year limitation period. The Federal Court of Appeal stated that the period referred to in section 40(b) of the Act is the date on which the Commission imposes a penalty. The Court found that the note did not amount to the imposition of a penalty, especially since no "notice" of the note was ever communicated to the claimant.

Decision 53576A Full Text of Decision 53576A

Refer to summary indexed under FCA A-0099.03