QLDIn ForceAct
Workers' Compensation and Rehabilitation Act 2003
sec.325KDuty to give law practice certificate if claimant’s notice of claim does not comply with s 275
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### sec.325K Duty to give law practice certificate if claimant’s notice of claim does not comply with s 275
This section applies if—
a claimant gives notice of the claimant’s claim for damages that does not comply with section 275 (7A) ; and
either—
the insurer waives compliance with the requirements for giving a complying notice of claim under section 278 (2) (b) or (3) ; or
the notice of claim is taken to be a complying notice of claim under section 278 (4) .
If the supervising principal of a law practice gave the claimant a law practice certificate for the claim under section 325H or 325I and the claimant has not given the certificate to the insurer, the principal must give a copy of the certificate to the insurer as soon as practicable.
Subsection (4) applies if—
the supervising principal of a law practice retained by the claimant in relation to the claimant’s claim did not give the claimant a law practice certificate for the claim under section 325H or 325I ; and
the claimant has not subsequently given the insurer a law practice certificate for the claim from the supervising principal.
The supervising principal must, within 1 month after the claimant is notified of the waiver or the notice of claim is taken to be a complying notice of claim—
complete a law practice certificate for the claim; and
give the certificate to the insurer and a copy of the certificate to the claimant.
Maximum penalty for subsection (4) —300 penalty units.
s 325K ins 2022 No. 13 s 60
(sec.325K-ssec.1) This section applies if— a claimant gives notice of the claimant’s claim for damages that does not comply with section 275 (7A) ; and either— the insurer waives compliance with the requirements for giving a complying notice of claim under section 278 (2) (b) or (3) ; or the notice of claim is taken to be a complying notice of claim under section 278 (4) .
(sec.325K-ssec.2) If the supervising principal of a law practice gave the claimant a law practice certificate for the claim under section 325H or 325I and the claimant has not given the certificate to the insurer, the principal must give a copy of the certificate to the insurer as soon as practicable.
(sec.325K-ssec.3) Subsection (4) applies if— the supervising principal of a law practice retained by the claimant in relation to the claimant’s claim did not give the claimant a law practice certificate for the claim under section 325H or 325I ; and the claimant has not subsequently given the insurer a law practice certificate for the claim from the supervising principal.
(sec.325K-ssec.4) The supervising principal must, within 1 month after the claimant is notified of the waiver or the notice of claim is taken to be a complying notice of claim— complete a law practice certificate for the claim; and give the certificate to the insurer and a copy of the certificate to the claimant. Maximum penalty for subsection (4) —300 penalty units.
- (a) a claimant gives notice of the claimant’s claim for damages that does not comply with section 275 (7A) ; and
- (b) either— (i) the insurer waives compliance with the requirements for giving a complying notice of claim under section 278 (2) (b) or (3) ; or (ii) the notice of claim is taken to be a complying notice of claim under section 278 (4) .
- (i) the insurer waives compliance with the requirements for giving a complying notice of claim under section 278 (2) (b) or (3) ; or
- (ii) the notice of claim is taken to be a complying notice of claim under section 278 (4) .
- (i) the insurer waives compliance with the requirements for giving a complying notice of claim under section 278 (2) (b) or (3) ; or
- (ii) the notice of claim is taken to be a complying notice of claim under section 278 (4) .
- (a) the supervising principal of a law practice retained by the claimant in relation to the claimant’s claim did not give the claimant a law practice certificate for the claim under section 325H or 325I ; and
- (b) the claimant has not subsequently given the insurer a law practice certificate for the claim from the supervising principal.
- (a) complete a law practice certificate for the claim; and
- (b) give the certificate to the insurer and a copy of the certificate to the claimant.