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COMMONWEALTHAct
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s 109

CEO may send preliminary notice to potential compensation payer or insurer

In force
Chapter 5Compensation payments
Part 3Recovery from compensation payers and insurers

109 CEO may send preliminary notice to potential compensation payer or insurer

(1)

If:

(a)

a participant or prospective participant makes a claim against another person (the potential compensation payer) for compensation; and

(b)

the claim relates to the participant’s or prospective participant’s impairment;

the CEO may give written notice to the potential compensation payer, stating that the CEO may wish to recover an amount from the potential compensation payer.

(2)

If:

(a)

a participant or prospective participant makes a claim against another person (the potential compensation payer) for compensation; and

(b)

the claim relates to the participant’s or prospective participant’s impairment; and

(c)

an insurer may be liable, under a contract of insurance, to indemnify the potential compensation payer against any liability arising from the claim for compensation;

the CEO may give written notice to the insurer, stating that the CEO may wish to recover an amount from the insurer.

(3)

A notice under subsection (1) or (2) must contain:

(a)

a statement of the potential compensation payer’s or insurer’s obligation under subsection 110(1) or (2), as the case requires; and

(b)

a statement of the effect of section 111 (recovery) so far as it relates to the notice.

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