Document ID: chunk:federal_register_of_legislation:F2016L00652:reg:55:p2
Version: federal_register_of_legislation:F2016L00652
Segment Type: reg
Provision Reference: reg 55 (pt 2/3)
Character Range: 121074–123712

court or tribunal at the time of the failure—the Federal Court of Australia, on the application of Comcare, may direct that the document be signed on the covered person or dependant's behalf by a person appointed by Comcare; and
 (b) otherwise—the court or tribunal in which proceedings relating to the claim are being heard, on the application of Comcare, may so direct.
 (6) If Comcare proposes to make an application under subsection (5):
 (a) Comcare must notify the covered person or dependant concerned of the fact that it is proposing to so apply; and
 (b) the covered person or dependant concerned has a right of representation in the hearing of that application.
 (7) If Comcare makes or takes over the conduct of a claim under this section:
 (a) the covered person or dependant must comply with any reasonable requirement of Comcare for the purposes of the claim; and
 (b) if the covered person or dependant fails to comply with such a requirement, the right of the covered person or dependant to compensation under the scheme in respect of the injury, loss, damage or death to which the claim relates is suspended until such time as the covered person or dependant complies with the requirement.
 (8) However, paragraph (7)(b) does not operate to suspend the covered person's right to compensation for the cost of medical treatment that is payable under section 25.
 (9) If a right to compensation is suspended under subsection (7), compensation is not payable in respect of the period of the suspension.
 (10) Any damages obtained as a result of a claim made or taken over by Comcare under this section (including damages payable as a result of the settlement of such a claim) must be paid to the Commonwealth and the Commonwealth must deduct from the amount of those damages:
 (a) an amount equal to the total of all amounts of compensation paid to, or for the benefit of, the covered person or dependant under the scheme in respect of the injury, loss, damage or death to which the claim relates; and
 (b) the amount of any costs incidental to the claim paid by the Commonwealth.
The Commonwealth must pay the balance (if any) to the covered person or dependant.
 (11) If the Commonwealth pays an amount to a covered person or dependant under subsection (10), the covered person or dependant is not entitled to receive any further amounts of compensation under the scheme in respect of the injury, loss, damage or death to which the proceedings related until the amount of compensation that would, but for this subsection, have been payable to the covered person or dependant in respect of that injury, loss, damage or death