323Giving claims and documents to the Commission

323  Giving claims and documents to the Commission  (1) This section regulates the lodgment of claims and other documents under this Act.  (2) A claim or other document (other than a claim or other document that is approved by the Commission for electronic lodgment and that is transmitted electronically or a claim that is made orally):  (a) is taken to have been given to the Commission only if the claim or other document is:  (i) lodged at a place within or outside Australia approved by the Commission for the purposes of this subsection; or  (ii) delivered to a person approved by the Commission for the purposes of this subsection; and  (b) is taken to have been so given on the day on which it is received at that place or delivered to that person.  (3) A claim or other document that is approved by the Commission for electronic lodgment and that is transmitted electronically:  (a) is taken to have been given to the Commission only if the claim or document is transmitted electronically in a manner, and to an electronic address, approved by the Commission for the purposes of this subsection in relation to claims or documents of that kind; and  (b) is taken to have been so given on the day on which it is received at that electronic address.  (4) Claims and other documents transmitted electronically other than in a manner approved by the Commission, or to an electronic address other than an electronic address approved by the Commission, are treated as not having been given to the Commission.  (5) A claim covered by subsection (2) or (3) is taken to have been made on the day on which, under subsection (2) or (3), it is taken to have been given to the Commission.  (5A) A claim made orally to the Commission is taken to have been given to the Commission on the day on which the claim was made.  (6) If a provision of this Act requires any material to be lodged in support of a claim or other document, that supporting material:  (a) unless paragraph (b) applies—may be lodged in accordance with this section in the same manner as the claim or other document to which it relates; and  (b) if the supporting material is not appropriate to be lodged in the same manner as the claim or other document to which it relates—may be lodged in such other manner contemplated by this section as the Commission approves. Division 3—What happens after a claim is made Subdivision A—Investigation of claims 324  Investigation by the Commission   If a claim is given to the Commission in accordance with section 323, the Commission must investigate the matters to which the claim relates. Subdivision B—Needs assessments 325  When the Commission may or must carry out a needs assessment  (1) The Commission may carry out an assessment of a person’s needs at any time after the Commission accepts liability for a service injury or disease of the person. Note: Section 326 sets out some matters that are considered in an assessment of a person’s needs.  (2) However, the Commission must carry out an assessment of a person’s needs before determining a claim for compensation in respect of the person’s injury or disease. 326  Assessment of a person’s needs   For the purposes of section 325, an assessment of a person’s needs may include, but is not limited to, an assessment of any or all of the following:  (a) whether an assessment of the person’s capacity for rehabilitation should be conducted under section 44;  (b) whether the person would be entitled to any compensation or treatment under this Act;  (c) the person’s medical needs, including but not limited to any treatment (including ongoing treatment) that the person needs or is likely to need. Subdivision C—Medical examinations 328  Power to require medical examination  (1) This section applies if a claim is made under section 319 by or on behalf of a person who is member or a former member.  (2) The Commission may, at any time after the claim is made, require the person to undergo an examination by one medical practitioner nominated by the Commission.  (3) The Commonwealth is liable to pay the cost of conducting the examination.  (4) The Commonwealth is liable to pay compensation to the person for any costs the Commission determines are reasonably incurred by the person:  (a) in making a necessary journey in connection with the examination; or  (b) in remaining, for the purpose of the examination, at a place to which the person has made a journey for that purpose.  (5) In making a determination under subsection (4), the Commission must have regard to:  (a) the means of transport available to the person for the journey; and  (b) the route or routes by which the person could have travelled; and  (c) the accommodation available to the person.  (6) A person must not be required to undergo an examination under this section at more frequent intervals than are specified by the Minister by legislative instrument. 329  Consequences of failure to undergo an examination  (1) If the Commission requires a person to undergo an examination under subsection 328(2), and the person:  (a) refuses or fails to undergo the examination; or  (b) in any way obstructs the examination; the Commission may determine that the person’s right to compensation (but not to treatment or compensation for treatment under Chapter 6) under this Act is suspended until the examination takes place.  (2) A determination under subsection (1) must not be made in relation to a refusal or failure to undergo the examination if, before the time fixed for the examination, the person gives to the Commission evidence of a reasonable excuse for the refusal or failure.  (3) The Commission must determine that the suspension under subsection (1) is terminated from a date determined by the Commission if, within 14 days after the date fixed for the examination, the person gives to the Commission evidence of a reasonable excuse for the refusal, failure or obstruction.  (4) If a determination under subsection (1) is made by a delegate of the Commission, the Commission must ensure that any determination terminating the suspension under subsection (3) also made by a delegate of the Commission is made by a delegate other than a delegate who was involved in making the determination under subsection (1).  (5) If a person’s right to compensation is suspended under subsection (1), compensation is not payable in respect of the period of the suspension. Subdivision D—Obligations of claimants and Commission