Document ID: chunk:federal_register_of_legislation:F2015L01245:body:0:p3
Version: federal_register_of_legislation:F2015L01245
Segment Type: other
Provision Reference: 
Character Range: 6890–9869

Subject to paragraph 2.4.2, a person who satisfies the circumstances identified in paragraph 3.1.1, 3.3.1 and 3.4.4 may apply to the Commission for compensation by making an application in writing and in accordance with a form approved by the Commission for the purposes of the Scheme.

2.4.2          When an application is taken to be made

    2.4.2          For the purposes of this Scheme an application for compensation will only be taken to have been made when it is received at an office of the Department in Australia.

2.4.3          Documents to accompany application

    2.4.3          An application must be accompanied by any certificate and any other document that is required to be given by the person under this Scheme. If an application is not accompanied by any certificate or any other document required to be given under the Scheme, the Commission is not required to take any action in respect of the application until the certificate or document is provided.

2.4.4          Determination of application

    2.4.4          If a person makes an application for compensation under this Scheme, the Commission must consider all matters that it considers relevant to the application and must then determine the application by either granting compensation in accordance with the Scheme (whether or not it is the kind of compensation sought by the person in their application) or refusing the application.

2.4.5          Commission may require an undertaking

    2.4.5          The Commission may require a person who is provided with any compensation under the Scheme to give a written undertaking to comply with any conditions set out in the Scheme.

2.4.6          Compliance with the Scheme

    2.4.6          For the avoidance of doubt, the conditions set out in the Scheme must be complied with even though a written undertaking has not been given in accordance with paragraph 2.4.5.

    2.5               Failure to comply with provisions of the Scheme

2.5.1          Failure to comply with the Scheme

    2.5.1          If the Commission is satisfied that a person has, without reasonable excuse:

knowingly provided false or misleading information to the Commission in connection with their application; or

knowingly failed to comply with a provision of the Scheme;

the Commission may determine that the person is not eligible to receive any compensation under the Scheme for a period of five (5) years from the time the Commission makes a determination under this paragraph in relation to the person.

    2.5.2          In deciding whether to make a determination under paragraph 2.5.1, the Commission must take account of the significance of the provision of false or misleading information or the failure in respect of the provision of compensation under the Scheme and the impact on the person of the determination.

     PART 3—ELIGIBILITY AND AMOUNT OF COMPENSATION

    3.1               Circumstances when a person is eligible