Claim Farming Practices Prohibition Act 2025

A person commits an offence if the person—

contacts another person (a potential claimant) to solicit the potential claimant to make a claim, and

the person making the contact—

receives consideration because of the contact, or

agrees or expects to receive consideration because of the contact, or

asks for someone else to receive consideration because of the contact, or

agrees to someone else receiving consideration because of the contact.

A person commits an offence if the person—

contacts a potential claimant to refer the potential claimant to another person to provide a service in relation to a claim, and

the person making the contact—

receives consideration because of the contact, or

agrees or expects to receive consideration because of the contact, or

asks for someone else to receive consideration because of the contact, or

agrees to someone else receiving consideration because of the contact.

A person must not arrange for a third party to contact a potential claimant in contravention of subsection (1) or (2).

This section does not apply—

if a potential claimant is contacted by a notice given under the Civil Procedure Act 2005, section 175, or a corresponding law, in relation to representative proceedings, however described, or

if a law practice—

contacts a potential claimant that the practice has provided legal services to, and

reasonably believes the potential claimant will not object to the contact, or

if a law practice contacts a potential claimant after receiving—

a request to do so by a representative of a community legal service or industrial organisation, and

confirmation the representative reasonably believes the potential claimant will not object to the contact.

Subsection (4) places an evidential burden on the accused.

This section applies regardless of whether the potential claimant—

is entitled to make a claim, or

has decided to make, or has made, a claim.

In this section—

in person or by mail, telephone, email or another form of electronic communication, and

individually or as a member of a class of persons.

the Federal Court of Australia Act 1976 of the Commonwealth, Part IVA,

a law of another State or Territory that relates to representative proceedings, however described,

another law prescribed by the regulations.