Document ID: chunk:federal_register_of_legislation:C2024C00587:section:319
Version: federal_register_of_legislation:C2024C00587
Segment Type: section
Provision Reference: s 319
Character Range: 424963–427021

319  Making a claim
 (1) A claim may be made under this section for one or more of the following:
 (a) acceptance of liability by the Commission for a service injury sustained by a person or a service disease contracted by a person;
 (b) acceptance of liability by the Commission for the service death of a person;
 (c) acceptance of liability by the Commission for the loss of, or damage to, a member's medical aid;
 (d) compensation.
Note: Section 320 sets out who may make the claim.
 (2) A claim under paragraph (1)(a), (b) or (c) must:
 (a) be in writing; and
 (b) be given to the Commission; and
 (c) satisfy the requirements (if any):
 (i) prescribed by the regulations; or
 (ii) determined in writing by the Commission;
  as to the form and content of claims, or claims of that kind.
Note: Section 323 sets out when a claim is taken to have been given to the Commission.
 (2A) A claim under paragraph (1)(d) must:
 (a) be in writing and be given to the Commission; or
 (b) be made orally to the Commission.
Note: Section 323 sets out when a claim is taken to have been given to the Commission.
 (3) The Commission must give a copy of a claim under paragraph (1)(a), (b) or (c) that has been made in respect of a person (except a claim made by the Chief of the Defence Force on behalf of the person) to the Chief of the Defence Force if:
 (a) the claim is for the acceptance of liability by the Commission for a service injury sustained by the person, a service disease contracted by the person or the person's service death; and
 (b) the person was a member of the Defence Force:
 (i) for a claim relating to a service injury or disease—at the time the claim was made; or
 (ii) for a claim relating to a service death—at the time of death.
 (4) The Commission must advise the Chief of the Defence Force of the making of a claim under paragraph (1)(d) in respect of a person if:
 (a) the claim is for compensation under Part 2 of Chapter 4 (permanent impairment); and
 (b) the person was a member of the Defence Force at the time the claim was made.