Document ID: chunk:federal_register_of_legislation:C2006C00126:clause:2_65
Version: federal_register_of_legislation:C2006C00126
Segment Type: clause
Provision Reference: sch 2 cl 65
Character Range: 88656–91020

65  Subsections 50(2), (3), (4) and (5)
Repeal the subsections, substitute:

 (2) If Comcare takes over the conduct of a claim, it becomes liable to pay all costs of and incidental to that claim that would otherwise be payable by the person who originally made the claim other than costs unreasonably incurred by that person.

 (3) If Comcare makes, or takes over the conduct of, a claim under this section, Comcare may:
 (a) take whatever steps are appropriate to bring the claim to a conclusion; and
 (b) if the claim is before a court—settle the proceedings either with or without obtaining judgment; and
 (c) if the claim is before a court and judgment has been obtained in favour of the plaintiff—take such steps as are necessary to enforce the judgment.

 (4) The employee or dependant must sign any document relevant to a claim made or taken over by Comcare under this section (including the settlement of the claim or of any proceedings arising out of the claim), being a document that Comcare requires the employee or dependant to sign.

 (4A) If the employee or dependant fails to sign a document in accordance with a requirement under subsection (4):
 (a) if the claim is not before a 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 employee 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.

 (4B) If Comcare proposes to make an application under subsection (4A):
 (a) Comcare must notify the employee or dependant concerned of the fact that it is proposing to so apply; and
 (b) the employee or dependant concerned has a right of representation in the hearing of that application.

 (5) If Comcare makes or takes over the conduct of a claim under this section:
 (a) the employee or dependant must comply with any reasonable requirement of Comcare for the purposes of the claim; and
 (b) if the employee or dependant fails to comply with such a requirement, the right of the employee or dependant to compensation under this Act in respect of the injury, loss, damage or death to which the claim relates is suspended until such time as the employee or dependant complies with the requirement.