New South Wales Consolidated Acts

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Administrative proceedings for recovery of compensation

131 Administrative proceedings for recovery of compensation

(1) A person who has suffered compensable loss may lodge a claim for compensation, in the approved form, with the Registrar-General.
(2) Such a claim may not be made more than 6 years after:
(a) the date on which the act or omission giving rise to the compensable loss occurred, or
(b) if the compensable loss arose after the date on which that act or omission occurred, the date on which the compensable loss arose.
(3) The regulations may make provision for or with respect to the manner in which a claim is to be made and dealt with.
(4) The Registrar-General may determine a claim by making an offer of settlement or by refusing the claim.
(5) Section 135 applies to the settlement, and any offer of settlement, of a claim.
(6) A claimant must co-operate fully with the Registrar-General for the purpose of ensuring that the Registrar-General has sufficient information to be able:
(a) to assess the validity of the claim, and
(b) to assess the claimant's compensable loss, and
(c) to make an informed offer of compensation.
(7) In particular, a claimant must comply with any reasonable request by the Registrar-General:
(a) to furnish specified information (including information verified by statutory declaration) or to produce specified documents, or
(b) to take specified action to further the claim.
(7A) Without limiting subsection (6), the following information is information that is required to enable the Registrar-General to assess the validity of a claim, assess compensable loss and make an informed offer of compensation:
(a) details of any potential claims that the claimant may have against other parties to which the Registrar-General may be subrogated,
(b) details of any proceedings relating to the circumstances which gave rise to the claim (including the outcome of any such proceedings and whether any party to the proceedings has subrogated another person).
(8) In assessing the reasonableness of a request by the Registrar-General, regard is to be had to the following criteria:
(a) the amount of time the claimant needs to comply with the request,
(b) the degree to which the information, document or action requested is relevant to the determination of the claim,
(c) the degree to which the information already available to the Registrar-General should suffice to enable the claim to be properly determined,
(d) the degree to which compliance with the request would impose undue hardship on the claimant,
(e) the degree to which any information sought by the request is the subject of legal professional privilege,
(f) whether any information, document or action the subject of the request is sufficiently specified,
(g) the timing of the request, having regard to its effect on the claimant's ability to commence court proceedings,
(h) such other criteria as are relevant to the question of whether the request is reasonable.
(8A) Without limiting the power of the Registrar-General to refuse a claim in accordance with subsection (4), the Registrar-General may refuse a claim on the ground that a claimant has failed to comply with a request made under subsection (7) if:
(a) the request was made by notice in writing, and
(b) at least 2 months have elapsed since the notice was given to the claimant.
(9) For the purposes of section 132, a claim is taken to have been refused if it is not determined within 12 months after the claim was made. However, if at the end of that period the claimant has failed to provide information in fulfilment of the duty imposed by subsection (6), the claim is only taken to have been refused if it is not determined within 2 months after that information is provided.
(10) Subsection (9) does not prevent a claim from being determined under this section in favour of the claimant after the expiry of the relevant period limited by that subsection, if the claimant has not commenced proceedings under section 132.
(11) Interest at the rate payable on an unpaid judgment of the Supreme Court under the Supreme Court Act 1970 is payable on an offer of compensation that has been accepted by the claimant in administrative proceedings to the extent to which the amount accepted remains unpaid at the end of 28 days after the date on which it was accepted.

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