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NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 104

CEO may require person to take action to obtain compensation

             (1)  This section applies if:

                     (a)  a participant or a prospective participant is, or in the CEO's opinion may be, entitled to compensation in respect of a personal injury; and

                     (b)  the participant or prospective participant:

                              (i)  has taken no action to claim or obtain the compensation; or

                             (ii)  has taken no reasonable action to claim or obtain the compensation.

             (2)  The CEO may, by written notice, require the participant or prospective participant to take the action specified in the notice within the period specified in the notice. The action must be action that is reasonable to enable the person to claim or obtain the compensation.

             (3)  In considering whether it is reasonable to require a participant or prospective participant to take an action, the CEO must have regard to the following:

                     (a)  the disability of the participant or prospective participant;

                     (b)  the circumstances which give rise to the entitlement or possible entitlement to compensation;

                     (c)  any impediments the participant or prospective participant may face in recovering compensation;

                     (d)  any reasons given by the participant or prospective participant as to why he or she has not claimed or obtained compensation;

                     (e)  the financial circumstances of the participant or prospective participant;

                      (f)  the impact of the requirement to take the action on the participant or prospective participant and his or her family or carers.

             (4)  The CEO must not give a notice under subsection (2) requiring a participant or prospective participant to take action to claim or obtain compensation unless the CEO is satisfied that the participant or prospective participant has reasonable prospects of success in claiming or obtaining the compensation.

             (5)  The period specified by the CEO must be a period of at least 28 days after the day on which the notice is given.

          (5A)  The CEO may, on application by the participant or prospective participant, extend the specified period.

             (6)  Even though a participant or a prospective participant has entered into an agreement to give up his or her right to compensation, the CEO may form the opinion that the participant or prospective participant may be entitled to compensation if the CEO is satisfied that the agreement is void, ineffective or unenforceable.



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