Victorian Current Acts Victorian Current ActsS. 81(1) amended by Nos 86/1994 s. 47(zy), 52/1998 s. 104(1), 8/2003 s. 56.
(1) A claim for compensation from the Fund in respect of a pecuniary loss shall be made in the form approved by the Director and containing the prescribed particulars and accompanied by any documents required by the Director.
S. 81(2) amended by Nos 86/1994 s. 47(zy), 52/1998 s. 104(1).
(2) Subject to this Part the Secretary may allow and settle any proper claim for compensation from the Fund at any time after the occurrence of the pecuniary loss in respect of which the claim arose.
S. 81(3)(4) repealed by No. 10155 s. 69(1)(f)(i).
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S. 81(5) amended by Nos 86/1994 s. 47(zy), 35/1996 s. 453(Sch. 1 item 28.4), 52/1998 s. 104(1)(3).
(5) If the Secretary disallows, whether wholly or partly, a claim for compensation from the Fund, he or she must serve notice of the disallowance in the prescribed form on the claimant or his legal practitioner.
S. 81(5A) inserted by No. 10155 s. 69(1)(f)(ii), amended by Nos 86/1994 s. 47(zy), 52/1998 s. 104(1)(4).
(5A) Where—
S. 81(5A)(a) amended by Nos 86/1994 s. 47(zy), 52/1998 s. 104(1).
(a) the Secretary has served notice of disallowance in respect of a claim; and
(b) the claimant has exhausted all relevant rights of action and other legal remedies for the recovery of the money or other property in respect of which the defalcation was committed available against the estate agent in relation to whom the claim arose and all other persons liable in respect of the loss suffered by the claimant—
the claimant may apply to the Tribunal for a review of the decision of the Secretary to disallow the claim.
S. 81(5B) inserted by No. 10155 s. 69(1)(f)(ii), amended by No. 52/1998 s. 104(5).
(5B) An application for review shall not be made under subsection (5A) after the expiration of three months after the service of notice of the disallowance under subsection (5).
S. 81(6) substituted by No. 10155 s. 69(1)(f)(iii), amended by Nos 86/1994 s. 47(zy), 52/1998 s. 104(1).
(6) The Secretary, if satisfied that there was a defalcation on which to found the claim, may allow the claim and act accordingly notwithstanding that the person against whom the defalcation is alleged has not been convicted or prosecuted or that the evidence on which the Secretary acts would not be sufficient to establish the guilt of the person on a criminal trial in respect of defalcation.
S. 81(7)(8) repealed by No. 10155 s. 69(1)(f)(iii).
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S. 82 substituted by No. 10155 s. 69(1)(g), repealed by No. 86/1994 s. 47(zz).
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S. 83 amended by Nos 86/1994 s. 47(zy), 52/1998 s. 104(1).