Document ID: chunk:federal_register_of_legislation:C2004A01206:clause:2_37a
Version: federal_register_of_legislation:C2004A01206
Segment Type: clause
Provision Reference: sch 2 cl 37A
Character Range: 59212–60808

37A  Application for exceptional claims indemnity

 (1) An application for an exceptional claims indemnity in relation to a qualifying liability that relates to a claim may be made by the person against whom the claim is or was made, or by a person acting on that person's behalf.

 (2) The application must:
 (a) be made in writing using a form approved by the HIC; and
 (b) be accompanied by the documents and other information required by the form approved by the HIC.

 (3) Subject to subsections (4) and (5), the application cannot be made more than 28 days after:
 (a) if the liability is under a judgment or order of a court—the date on which the judgment or order became or becomes a judgment or order that is not stayed and is not subject to appeal; or
 (b) if the liability is under a settlement of the claim—the date on which the settlement agreement was entered into; or
 (c) if the liability is some other kind of liability—the date on which the liability was incurred.

 (4) If the date that would otherwise be applicable under subsection (3) is before the commencement of Division 2A, the application can be made after that date but cannot be made more than 28 days after the commencement of that Division.

 (5) The HIC may accept a late application if the HIC considers that there are good reasons for doing so.

 (6) An application may be made to the Administrative Appeals Tribunal for review of a decision of the HIC not to accept a late application.

Note: Section 27A of the Administrative Appeals Tribunal Act 1975 requires notification of a decision that is reviewable.