Notice of proceedings against a third party
11.2.14 Notice of proceedings against a third party
1. This section applies if all these conditions are met.
a. SIA or ADB is payable (or would be payable but for this Division) in relation to a member in respect of an injury.
b. The injury happened in circumstances that appear to create a legal liability in a person (other than the Commonwealth, a Commonwealth authority or an employee of the Commonwealth) to pay damages in respect of the injury.
c. After 9 February 1998, the member or their resident family begins proceedings to recover damages from the person.
2. The member or their resident family, as the case requires, must notify the Secretary in writing of the proceedings not later than 7 days after the day the member or their resident family begins the proceedings.
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