Document ID: chunk:federal_register_of_legislation:F2016L00652:reg:51
Version: federal_register_of_legislation:F2016L00652
Segment Type: reg
Provision Reference: reg 51
Character Range: 111041–112157

51  Notice of common law claims against third party
 (1) If:
 (a) compensation is payable under the scheme in respect of the death of a covered person, an injury to a covered person or the loss of, or damage to, property used by a covered person; and
 (b) the death, injury, loss or damage occurred in circumstances that appear to create a legal liability in another person (other than the Commonwealth or another covered person) to pay damages in respect of the death, injury, loss or damage; and
 (c) the covered person, or a dependant of the deceased covered person, as the case may be, makes a claim against the other person for the recovery of such damages;
the covered person or dependant must, as soon as practicable but in any event not later than 7 days after the day on which he or she first became aware of the claim, notify Comcare in writing of the claim.

Offence
 (2) A person commits an offence of strict liability if:
 (a) the person is subject to a requirement under subsection (1); and
 (b) the person omits to do an act; and
 (c) the omission breaches the requirement.
Penalty: 5 penalty units.