Document ID: chunk:federal_register_of_legislation:C2024C00587:section:392
Version: federal_register_of_legislation:C2024C00587
Segment Type: section
Provision Reference: s 392
Character Range: 519422–520439

392  Application of this Division to common law claims against third parties
 (1) This Division applies if:
 (a) compensation is paid 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 cause of action occurred in circumstances that appear to create a legal liability of another person (the defendant) other than the Commonwealth or a potentially liable member to pay damages in respect of the cause of action; and
 (c) the person or a dependant of the person (as the case may be) (the plaintiff):
 (i) has not made a claim for damages against the defendant in respect of the cause of action; or
 (ii) has made such a claim, but has not prosecuted it.
 (2) In paragraph (1)(c), a reference to a claim having been made or not having been made by the plaintiff includes a reference to a claim having been made or not having been made on behalf of the plaintiff.