392Application of this Division to common law claims against third parties

392  Application of this Division to common law claims against third parties  (1) This Division applies if:  (a) compensation is paid under this Act in respect of:  (b) the cause of action occurred in circumstances that appear to create a legal liability of another person (the defendant) other than the Commonwealth or a potentially liable member to pay damages in respect of the cause of action; and  (c) the person or a dependant of the person (as the case may be) (the plaintiff):  (i) has not made a claim for damages against the defendant in respect of the cause of action; or  (ii) has made such a claim, but has not prosecuted it.  (2) In paragraph (1)(c), a reference to a claim having been made or not having been made by the plaintiff includes a reference to a claim having been made or not having been made on behalf of the plaintiff.