Commonwealth Consolidated Acts

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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 397

Plaintiff must do as the Commission requires

  (1)   If the Commission makes, or takes over the conduct of, the claim:

  (a)   the plaintiff must comply with any reasonable requirement of the Commission for the purposes of the claim; and

  (b)   if the plaintiff fails to comply, the Commission may determine that the person's right to compensation (but not to treatment or compensation for treatment under Chapter   6) under this Act in respect of the cause of action to which the claim relates is suspended until the plaintiff does so.

  (2)   A determination under subsection   (1) must not be made in relation to a failure to comply with a requirement if, before the date fixed for complying with the requirement, the person gives to the Commission evidence of a reasonable excuse for the failure.

  (3)   The Commission must determine that the suspension under subsection   (1) is terminated from a date determined by the Commission if, within 14 days after the date fixed for complying with the requirement, the person gives to the Commission evidence of a reasonable excuse for the failure.

  (4)   If a determination under subsection   (1) is made by a delegate of the Commission, the Commission must ensure that any determination terminating the suspension under subsection   (3) also made by a delegate of the Commission is made by a delegate other than a delegate who was involved in making the determination under subsection   (1).

  (5)   If a person's right to compensation is suspended under subsection   (1), compensation is not payable in respect of the period of the suspension.



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