328Proceedings under this Division

328 Proceedings under this Division (1) Subject to subsection (3), a worker may not bring proceedings in accordance with this Division unless— (a) a determination of the degree of impairment of the worker has been made under Division 4 of Part 5 of this Act or under section 104B of the **Accident Compensation Act 1985** and the worker has made an application under subsection (2) of this section; or (b) subject to any directions given by the Minister under section 352, the worker elects to make an application under subsection (2) on the ground that the worker has a serious injury. (2) Subject to subsection (3), a worker may make an application under this subsection— (a) if subsection (1)(a) applies, only after the worker— (i) has advised the Authority or self‑insurer under section 205(3) or 206(3) of this Act or under section 104B(6B) or (7B) of the **Accident Compensation Act 1985** that he or she accepts the determinations of degree of impairment; or (ii) has received the advice of the Authority or self-insurer under section 207(3) of this Act or under section 104B(10) of the **Accident Compensation Act 1985**; or (b) if subsection (1)(b) applies, only after a period of at least 18 months has elapsed since the event or circumstance giving rise to the injury occurred. (3) If a worker has made a claim for compensation under Division 5 of Part 5 or under section 98C of the **Accident Compensation Act 1985** in respect of an injury, the worker must not make an application under subsection (2) in respect of that injury unless— (a) the degree of impairment resulting from the injury has been determined in accordance with Division 4 of Part 5 or under section 104B of the **Accident Compensation Act 1985**; and (b) the worker has accepted the determination of the degree of impairment; and (c) the worker has accepted the entitlement to compensation. (4) An application under subsection (2) must— (a) be in a form approved by the Authority; and (b) be accompanied by an authority in a form approved by the Authority, signed by the worker, authorising the release of medical information to the Authority or a self-insurer relevant to the application; and (c) be accompanied by— (i) a copy of all medical reports; and (ii) affidavits attesting to other material— existing when the application is made and of which the worker or his or her legal representative is aware and on which the worker intends to rely, or the substance of which the worker intends to adduce in evidence, in proceedings in accordance with this section or in any related proceedings. (5) An authority to release information referred to in subsection (4)(b) has effect and cannot be revoked by the worker— (a) until all proceedings brought in accordance with this Division have been heard and determined or compromised; or (b) the worker withdraws his or her application. (6) A copy of— (a) any claim under Division 4 of Part 5 or under section 104B of the **Accident Compensation Act 1985** resulting in a determination referred to in subsection (1); and (b) an application under subsection (2)— must be served on each person against whom the applicant claims to have a cause of action. (7) If a worker suffers an injury referred to in section 5(2)— (a) this Division applies; and (b) the worker cannot make an application under Division 8A of Part IV of the **Accident Compensation Act 1985**.