Military Rehabilitation and Compensation Act 2004

This Division applies if:

any of the following apply:

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

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);

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

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);

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

the cause of action occurred in circumstances that appear to create a legal liability of another person (the defendant) other than the Commonwealth or a potentially liable member to pay damages in respect of the cause of action; and

the person or a dependant of the person (as the case may be) (the plaintiff):

has not made a claim for damages against the defendant in respect of the cause of action; or

has made such a claim, but has not prosecuted it.

In paragraph (1)(c), a reference to a claim having been made or not having been made by the plaintiff includes a reference to a claim having been made or not having been made on behalf of the plaintiff.