221BContacting claimants about claims

221B Contacting claimants about claims (1) A person commits an offence if— (a) the person contacts a claimant for the purposes of— (i) soliciting or inducing the claimant to make a claim; or (ii) referring the claimant to another person (a third party) for the purposes of the third party providing a service to the claimant; and (b) the person— (i) receives, or agrees or expects to receive, a fee or other benefit from any person because of the contact; or (ii) asks for someone else to receive, or agrees to someone else receiving, a fee or other benefit from any person because of the contact. (2) This section does not apply in any of the following circumstances: (a) the claimant is contacted in relation to representative proceedings (however described); (b) the claimant is contacted by an associate of a law practice if— (i) the law practice has previously provided legal services to the claimant; and (ii) the associate reasonably believes the claimant will not object to the contact; (c) the claimant is contacted by an associate of a law practice if— (i) a complying community legal centre or an industrial organisation has asked the law practice to contact the claimant; and

(ii) the complying community legal centre or industrial organisation reasonably believes the claimant will not object to the contact; (d) any other circumstances prescribed by regulation. mentioned in s (2) (see Criminal Code, s 58). (3) In this section: complying community legal centre—see the Legal Profession Act 2006, section 208. contact a claimant includes contact or approach the claimant— (a) in person or by post, telephone, email or another form of electronic communication; and (b) individually or as a member of a class of people. industrial organisation means an organisation registered under the Fair Work (Registered Organisations) Act 2009 (Cwlth) or under a law of a State providing for the registration of industrial organisations. Note State includes the Northern Territory (see Legislation Act, dict, pt 1). legal services—see the Legal Profession Act 2006, dictionary.