Document ID: chunk:federal_register_of_legislation:C2025A00017:clause:4_360ck:p1
Version: federal_register_of_legislation:C2025A00017
Segment Type: clause
Provision Reference: sch 4 cl 360CK (pt 1/2)
Character Range: 306828–309621

360CK  Commissioner to disclose any interest in claims etc.
 (1) This section applies to a Commissioner performing functions in relation to the following matters:
 (a) a claim for acceptance of liability or for compensation that the Commission is considering or is to consider;
 (b) a claim for acceptance of liability or for compensation that the Commission is reviewing or is to review;
 (c) a decision relating to:
 (i) acceptance of liability or for compensation; or
 (ii) a claim for acceptance of liability or for compensation;
  that the Commission is reviewing, is to review or is considering whether to review;
 (d) a claim or application for a pension that the Commission is considering or is to consider;
 (e) a pension that the Commission is reviewing or is to review;
 (f) a decision relating to:
 (i) a pension; or
 (ii) a claim or application for a pension;
  that the Commission is reviewing or is to review.
Note: This section does not apply to persons (other than Commissioners) to whom the Commission has delegated functions and powers under section 360DB. However other disclosure requirements may apply to such persons (for example, under the Public Service Act 1999 or in contractual terms and conditions).
 (2) If the Commissioner has or acquires an interest, pecuniary or otherwise, that could conflict with the proper performance of the Commissioner's functions in relation to a matter mentioned in subsection (1), the Commissioner must disclose the interest to:
 (a) the person making the claim, the applicant or the person receiving the pension (as the case requires); and
 (b) the Minister.
 (3) The disclosure must be made as soon as possible after the relevant facts have come to the Commissioner's knowledge.
 (4) The Commissioner must not take part in the Commission's consideration or review of the matter, unless both of the following consent to the Commissioner doing so:
 (a) the person making the claim, the applicant or the person receiving the pension (as the case requires);
 (b) the Minister.
 (5) If the Minister becomes aware that the Commissioner has or acquires an interest, pecuniary or otherwise, that could conflict with the proper performance of the Commissioner's functions in relation to the matter:
 (a) if the Minister considers that the Commissioner should not take part, or should not continue to take part, in the consideration or review of the matter by the Commission—the Minister must give a direction to the Commissioner accordingly; or
 (b) in any other case—the Minister must cause the interest of the Commissioner to be disclosed to the person making the claim, the applicant or the person receiving the pension (as the case requires).
 (6) In this section:
compensation includes compensation under the DRCA.
pension means:
 (a) a