Document ID: chunk:federal_register_of_legislation:C2024C00587:section:391
Version: federal_register_of_legislation:C2024C00587
Segment Type: section
Provision Reference: s 391
Character Range: 518433–519422

391  Notice of common law claims against third parties
 (1) This section applies if:
 (a) compensation is payable under this Act in respect of:
 (i) a service injury, disease or death of a person (the cause of action); or
 (ii) the loss of, or damage to, a medical aid used by a person (the cause of action); and
 (b) the person or a dependant of the person makes a claim for damages in respect of the cause of action against a person other than 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.

Division 2—Commission may institute proceedings or take over claims against third parties