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Military Rehabilitation and Compensation Act 2004
390Notice of common law claims against the Commonwealth etc.
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390 Notice of common law claims against the Commonwealth etc.
(a) compensation is payable under this Act in respect of a service injury, disease or death of a person; and
(b) the person or a dependant of the person makes a claim for damages in respect of the injury, disease or death against the Commonwealth or a potentially liable member.
(2) The person or dependant must notify the Commission in writing of the claim as soon as practicable, but not later than 7 days after the day on which he or she makes the claim.
(3) A person commits an offence if the person contravenes subsection (2).
(4) Subsection (3) is an offence of strict liability.
Part 3—Liability of third parties
Division 1—Notice of common law claims against third parties
391 Notice of common law claims against third parties
(a) compensation is payable under this Act in respect of:
(b) the person or a dependant of the person makes a claim for damages in respect of the cause of action against a person other than the Commonwealth or a potentially liable member.
(2) The person or dependant must notify the Commission in writing of the claim as soon as practicable, but not later than 7 days after the day on which he or she makes the claim.
(3) A person commits an offence if the person contravenes subsection (2).
(4) Subsection (3) is an offence of strict liability.
Division 2—Commission may institute proceedings or take over claims against third parties