Document ID: chunk:federal_register_of_legislation:C2006C00126:clause:2_64
Version: federal_register_of_legislation:C2006C00126
Segment Type: clause
Provision Reference: sch 2 cl 64
Character Range: 88105–88656

64  Subsection 50(1)
Repeal paragraph (c) and omit the words following that paragraph, substitute:
 (c) a claim against the person for the purpose of recovering such damages has not been made by the employee or by or for the benefit of the dependant, or, having been made, has not been prosecuted;
Comcare may make a claim or a fresh claim against the person in the name of the employee or dependant for the recovery of damages in respect of the injury, loss, damage or death or may take over the conduct of the existing claim, as the case requires.