Document ID: chunk:federal_register_of_legislation:C2025C00186:section:50:p2
Version: federal_register_of_legislation:C2025C00186
Segment Type: section
Provision Reference: s 50 (pt 2/3)
Character Range: 161227–163829

the MRCC, may direct that the document be signed on the employee or dependant's behalf by a person appointed by the MRCC; and
 (b) otherwise—the court or tribunal in which proceedings relating to the claim are being heard, on the application of the MRCC, may so direct.
 (4B) If the MRCC proposes to make an application under subsection (4A):
 (a) the MRCC 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 the MRCC makes or takes over the conduct of a claim under this section:
 (a) the employee or dependant must comply with any reasonable requirement of the MRCC 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.
 (5A) However, paragraph (5)(b) does not operate to suspend the employee's right to compensation for the cost of medical treatment that is payable under section 16.
 (6) Where a right to compensation is suspended under subsection (5), compensation is not payable in respect of the period of the suspension.
 (7) Any damages obtained as a result of a claim made or taken over by the MRCC 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 employee or dependant under this Act 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 employee or dependant.
 (8) Where the Commonwealth pays an amount to an employee or dependant under subsection (7), the employee or dependant is not entitled to receive any further amounts of compensation under this Act 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 employee or dependant in respect of that injury, loss, damage or death equals the amount paid by the Commonwealth to the employee or dependant under subsection (7).
 (9) In this section:
person does not