Commonwealth Consolidated Acts

NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 109

  (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.