Document ID: chunk:federal_register_of_legislation:C2024C00587:section:390
Version: federal_register_of_legislation:C2024C00587
Segment Type: section
Provision Reference: s 390
Character Range: 517559–518433

390  Notice of common law claims against the Commonwealth etc.
 (1) This section applies if:
 (a) compensation is payable under this Act in respect of a service injury, disease or death of a person; and
 (b) the person or a dependant of the person makes a claim for damages in respect of the injury, disease or death against the Commonwealth or a potentially liable member.
 (2) The person or dependant must notify the Commission in writing of the claim as soon as practicable, but not later than 7 days after the day on which he or she makes the claim.
 (3) A person commits an offence if the person contravenes subsection (2).
Penalty: 5 penalty units.
 (4) Subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

Part 3—Liability of third parties

Division 1—Notice of common law claims against third parties