155Person sustaining loss may apply for compensation

155 Person sustaining loss may apply for compensation

(1)  [Section 155 Subsection (1) amended by No. 23 of 2021, s. 131, Applied:01 Jan 2022] A person sustaining loss or damage in a case in which the person is entitled to bring an action to recover damages against the Recorder as nominal defendant may, before commencing proceedings, make application in writing to the Recorder for compensation, and that application shall be supported by statutory declaration.

(2)  [Section 155 Subsection (2) amended by No. 100 of 1993, s. 5 ][Section 155 Subsection (2) substituted by No. 36 of 2012, s. 52, Applied:13 Nov 2012] If the Recorder admits the claim, or any part of the claim, and the Minister certifies the claim, or part of the claim, as so admitted –

(a) [Section 155 Subsection (2) amended by No. 23 of 2021, s. 131, Applied:01 Jan 2022] in a case where the claim, or part or the claim, that is so admitted and certified is less than $10 000, the Minister may, in the Minister’s discretion, issue a warrant to the Treasurer for payment of the amount so certified out of the assurance fund; or

(b) [Section 155 Subsection (2) amended by No. 23 of 2021, s. 131, Applied:01 Jan 2022] in a case where the claim, or part of the claim, that is so admitted and certified is $10 000 or more, the Governor may, in the Governor’s discretion, issue a warrant to the Treasurer for payment of the amount so certified out of the assurance fund.

(3)  [Section 155 Subsection (3) inserted by No. 36 of 2012, s. 52, Applied:13 Nov 2012] The Treasurer is to pay the amount so certified in accordance with a warrant issued under subsection (2) .