Victorian Current Acts

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WRONGS ACT 1958 - SECT 28LWB

What if the respondent disputes responsibility?

    (1)     If a respondent responds in accordance with section 28LW(2)(d), the claimant must give written notice to the respondent, within 14 days after receiving the response, that either—

        (a)     on the information available to the claimant, the claimant accepts that the respondent is not a proper respondent to the claim; or

        (b)     the claimant considers that the respondent is a proper respondent to the claim and requires the respondent to respond to the notice.

    (2)     The respondent must respond in writing to a notice under subsection (1)(b) within 14 days after receiving the notice.

    (3)     The response under this section must—

        (a)     state that the respondent is a proper respondent to the claim and state that the respondent accepts the assessment for the purposes of this Part; or

        (b)     state that the respondent is a proper respondent to the claim and advise the claimant that the respondent has referred or intends to refer a medical question in relation to the assessment to a Medical Panel for determination under this Part.

    (4)     If the respondent fails to respond within the 14 days, the respondent is deemed to have accepted the assessment.

S. 28LWC inserted by No. 102/2003 s. 23.



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