Commonwealth Consolidated Acts

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SOCIAL SECURITY ACT 1991 - SECT 1166

Secretary may require person to take action to obtain compensation

             (1)  If:

                     (a)  a person receives or claims a compensation affected payment; and

                     (b)  the person or the person's partner is, or, in the Secretary's opinion, may be, entitled to compensation; and

                     (c)  the person or the partner:

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

                             (ii)  has taken no action that the Secretary considers reasonable to claim or obtain the compensation;

the Secretary may require the person or the partner to take the action specified by the Secretary.

             (2)  The action specified by the Secretary is to be the action that the Secretary considers reasonable to enable the person to claim or obtain the compensation.

             (3)  Even though a person has entered into an agreement to give up the person's right to compensation, the Secretary may form the opinion that the person may be entitled to compensation if the Secretary is satisfied that the agreement is void, ineffective or unenforceable.

             (4)  For the purposes of subsection (3), a person enters into an agreement to give up the person's right to compensation if the person:

                     (a)  enters into an agreement to waive the person's right to compensation; or

                     (b)  enters into an agreement to withdraw the person's claim for compensation.



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