Commonwealth Consolidated Acts

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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 390

Notice of common law claims against the Commonwealth etc.

  (1)   This section applies if:

  (a)   compensation is payable under this Act in respect of a service injury, disease or death of a person; and

  (b)   the person or a dependant of the person makes a claim for damages in respect of the injury, disease or death against the Commonwealth or a potentially liable member.

  (2)   The person or dependant must notify the Commission in writing of the claim as soon as practicable, but not later than 7 days after the day on which he or she makes the claim.

  (3)   A person commits an offence if the person contravenes subsection   (2).

Penalty:   5 penalty units.

  (4)   Subsection   (3) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .


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