Notice of common law claims against third parties

Current

(1)

This section applies if:

(a)

any of the following apply:

(i)

compensation is payable under this Act in respect of a service injury, disease or death of a person (the cause of action);

(ii)

compensation is payable under this Act in respect of the loss of, or damage to, a medical aid used by a person (the cause of action);

(iii)

compensation is, or has been, payable under the DRCA in respect of an injury, disease or death of a person (the cause of action);

(iv)

compensation is, or has been, payable under the DRCA in respect of the loss of, or damage to, property used by a person (the cause of action);

(v)

a pension is, or has been, payable under Part II or IV of the VEA in respect of an injury, disease or death of a person (the cause of action); and

(b)

the person or a dependant of the person makes a claim for damages in respect of the cause of action against a person other than the Commonwealth or a potentially liable member.

(2)

The person or dependant must notify the Commission in writing of the claim as soon as practicable, but not later than 7 days after the day on which he or she makes the claim.

(3)

A person commits an offence if the person contravenes subsection (2).

Penalty: 5 penalty units.

(4)

Subsection (3) is an offence of strict liability.

Note:

For strict liability, see section 6.1 of the Criminal Code.

This Act’s bill:Explanatory memorandum Second reading speech

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391 Notice of common law claims against third parties