Australian Capital Territory Current Acts

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Lump sum claims—notice by lawyers to clients about repayment requirements

    (1)     This section applies if a person proposes to engage a lawyer to act for the person in a claim for damages in relation to an injury for which a claim for compensation has been made, or may be made, under this Act or under the statutory workers compensation scheme of a place outside the ACT.

    (2)     Before accepting the engagement, the lawyer must give the person information explaining the requirements of the following sections for the repayment of compensation together with the employer's legal costs as between party and party:

              •     section 36F (No ACT compensation if external compensation received)

              •     section 183 (Remedies against employer and stranger)

              •     section 184 (No compensation if damages received)

              •     section 185 (Dependants recovering damages and not claiming compensation).

Maximum penalty: 50 penalty units.

Note     If a form is approved under s 222 for information to be given by a lawyer under this provision, the form must be used.

    (3)     Before accepting the engagement, the lawyer must tell the person the likely costs and consequences in relation to the payment of costs if the person pursues the claim for damages.

Maximum penalty: 50 penalty units.

    (4)     An offence against this section is a strict liability offence.

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