Commonwealth Consolidated Acts

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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 392

Application of this Division to common law claims against third parties

             (1)  This Division applies if:

                     (a)  compensation is paid 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 cause of action occurred in circumstances that appear to create a legal liability of another person (the defendant ) other than the Commonwealth or a potentially liable member to pay damages in respect of the cause of action; and

                     (c)  the person or a dependant of the person (as the case may be) (the plaintiff ):

                              (i)  has not made a claim for damages against the defendant in respect of the cause of action; or

                             (ii)  has made such a claim, but has not prosecuted it.

             (2)  In paragraph (1)(c), a reference to a claim having been made or not having been made by the plaintiff includes a reference to a claim having been made or not having been made on behalf of the plaintiff.



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