sec.74Giving or receiving consideration for claim referrals

### sec.74 Giving or receiving consideration for claim referrals A person (a payer ) must not give, agree to give or allow or cause someone else to give consideration to another person (a payee ) for a claim referral or potential claim referral. Maximum penalty—300 penalty units. A person (also a payee ) must not receive, agree to receive or allow or cause someone else to receive consideration from another person (also a payer ) for a claim referral or potential claim referral. Maximum penalty—300 penalty units. This section does not apply if— the payee is a law practice (the current practice ) that is selling all or part of the law practice’s business to another law practice (the new practice ); and the new practice gives, agrees to give or allows or causes someone else to give the current practice an amount for the referral of a claimant to the new practice; and the amount is not more than the current legal costs for the claimant; and the new practice discloses payment of the amount to the claimant in a costs agreement. In this section— claimant includes a potential claimant. claim referral — means a referral of a claimant by the payee or someone else— to the payer for the purpose of the payer providing a service for the claimant; or to the payer or someone else for the purpose of a person other than the payer providing a service for the claimant; but does not include the advertisement or promotion of a service or person that results in a claimant using the service or person if the advertisement or promotion is made to the public or a group of persons. an advertisement of services provided by a law practice on the website or in the newsletter of a sporting association or charity the distribution of promotional stationery or clothing that displays a law practice’s logo to members of an industrial organisation consideration , for a claim referral or potential claim referral, see section 74A . legal costs , for a claimant, means the fees and costs, including disbursements, a law practice is entitled to charge and recover from the claimant in relation to the claimant’s claim. service , for a claimant, means a service related to the claimant’s claim. a legal service, a medical service s 74 prev s 74 om 2019 No. 36 s 14 pres s 74 ins 2019 No. 36 s 15 (sec.74-ssec.1) A person (a payer ) must not give, agree to give or allow or cause someone else to give consideration to another person (a payee ) for a claim referral or potential claim referral. Maximum penalty—300 penalty units. (sec.74-ssec.2) A person (also a payee ) must not receive, agree to receive or allow or cause someone else to receive consideration from another person (also a payer ) for a claim referral or potential claim referral. Maximum penalty—300 penalty units. (sec.74-ssec.3) This section does not apply if— the payee is a law practice (the current practice ) that is selling all or part of the law practice’s business to another law practice (the new practice ); and the new practice gives, agrees to give or allows or causes someone else to give the current practice an amount for the referral of a claimant to the new practice; and the amount is not more than the current legal costs for the claimant; and the new practice discloses payment of the amount to the claimant in a costs agreement. (sec.74-ssec.4) In this section— claimant includes a potential claimant. claim referral — means a referral of a claimant by the payee or someone else— to the payer for the purpose of the payer providing a service for the claimant; or to the payer or someone else for the purpose of a person other than the payer providing a service for the claimant; but does not include the advertisement or promotion of a service or person that results in a claimant using the service or person if the advertisement or promotion is made to the public or a group of persons. an advertisement of services provided by a law practice on the website or in the newsletter of a sporting association or charity the distribution of promotional stationery or clothing that displays a law practice’s logo to members of an industrial organisation consideration , for a claim referral or potential claim referral, see section 74A . legal costs , for a claimant, means the fees and costs, including disbursements, a law practice is entitled to charge and recover from the claimant in relation to the claimant’s claim. service , for a claimant, means a service related to the claimant’s claim. a legal service, a medical service - (a) the payee is a law practice (the current practice ) that is selling all or part of the law practice’s business to another law practice (the new practice ); and - (b) the new practice gives, agrees to give or allows or causes someone else to give the current practice an amount for the referral of a claimant to the new practice; and - (c) the amount is not more than the current legal costs for the claimant; and - (d) the new practice discloses payment of the amount to the claimant in a costs agreement. - (a) means a referral of a claimant by the payee or someone else— (i) to the payer for the purpose of the payer providing a service for the claimant; or (ii) to the payer or someone else for the purpose of a person other than the payer providing a service for the claimant; but - (i) to the payer for the purpose of the payer providing a service for the claimant; or - (ii) to the payer or someone else for the purpose of a person other than the payer providing a service for the claimant; but - (b) does not include the advertisement or promotion of a service or person that results in a claimant using the service or person if the advertisement or promotion is made to the public or a group of persons. Examples of advertisement or promotion that is not a claim referral— • an advertisement of services provided by a law practice on the website or in the newsletter of a sporting association or charity • the distribution of promotional stationery or clothing that displays a law practice’s logo to members of an industrial organisation - • an advertisement of services provided by a law practice on the website or in the newsletter of a sporting association or charity - • the distribution of promotional stationery or clothing that displays a law practice’s logo to members of an industrial organisation - (i) to the payer for the purpose of the payer providing a service for the claimant; or - (ii) to the payer or someone else for the purpose of a person other than the payer providing a service for the claimant; but - • an advertisement of services provided by a law practice on the website or in the newsletter of a sporting association or charity - • the distribution of promotional stationery or clothing that displays a law practice’s logo to members of an industrial organisation