NSWIn ForceRegulation
Dust Diseases Tribunal Regulation 2019
16Which claims are subject to the claims resolution process
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#### 16 Which claims are subject to the claims resolution process
16 Which claims are subject to the claims resolution process
> > (1) A claim to which this Part applies is subject to the claims resolution process once the claim is filed.
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> > Note.
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> > Clause 20 provides for some claims to be removed from the claims resolution process.
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> > (2) A claim remains subject to the claims resolution process—
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> > > (a) until the claim is settled by mediation or otherwise and the Tribunal makes an order to give effect to the settlement, or
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> > > (b) if the claim is not settled by the time mediation is concluded—until mediation is concluded and clause 40 has been complied with.
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> > (3) The parties to a claim can agree to extend the period for which the claim remains subject to the claims resolution process.
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> > (4) If a significant change in the medical condition of the plaintiff occurs after the claim is filed, the parties to the claim can agree (on one or more occasions) to suspend the claims resolution process for a period of up to 10 business days for malignant claims or 20 business days for non-malignant claims.
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> > (5) Time does not run during the period of suspension for the purposes of any period within which anything is required to be done by a party under the claims resolution process.
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> > (6) Within 5 business days after any agreement is made under this clause, the plaintiff must notify the registrar in writing of the agreement.