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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 391

Notice of common law claims against third parties

             (1)  This section applies if:

                     (a)  compensation is payable under this Act in respect of:

                              (i)  a service injury, disease or death of a person (the cause of action ); or

                             (ii)  the loss of, or damage to, a medical aid used by a person (the cause of action ); and

                     (b)  the person or a dependant of the person makes a claim for damages in respect of the cause of action against a person other than 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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