Document ID: chunk:federal_register_of_legislation:C2013A00044:clause:1_58
Version: federal_register_of_legislation:C2013A00044
Segment Type: clause
Provision Reference: sch 1 cl 58
Character Range: 16386–17665

58  At the end of section 105
Add:
 (5) Before taking action to claim or obtain compensation, or taking over the conduct of an existing claim, the CEO must have regard to the following:
 (a) the disability of the participant or prospective participant;
 (b) the circumstances which give rise to the entitlement or possible entitlement to compensation;
 (c) any impediments the CEO may face if the CEO takes the action or takes over the conduct of the claim;
 (d) any reasons given by the participant or prospective participant as to why he or she has not claimed or obtained compensation (including in response to a notice under subsection 104(2));
 (e) the impact (including any financial impact), of the CEO taking the action or taking over the conduct of the claim, on the participant or prospective participant and his or her family;
 (f) any other matter the CEO considers relevant, having regard to the objects and principles set out in Part 2 of Chapter 1 of this Act.
 (6) The CEO must not take any action to claim or obtain compensation, or take over the conduct of an existing claim, unless:
 (a) the CEO has notified the participant or prospective participant, in writing, that the action is being considered; and
 (b) 28 days have passed since the notice was given.