New South Wales Consolidated Acts

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131 Definitions

(cf former s 148B)

(1) In this Division--

"agent" means a person who acts, or holds himself or herself out as willing to act, as agent for a person for fee or reward in connection with a claim, but does not (unless the regulations otherwise provide) include a legal practitioner.

"claim" means a claim for compensation under this Act.

"hearing loss claim" means--
(a) a claim under section 66 of the 1987 Act (as in force at any time before the commencement of this definition) for loss of hearing, or
(b) a claim for permanent impairment compensation in respect of loss of hearing.

"lawyer" means a legal practitioner.

"prohibited conduct" has the meaning given by section 132.

"protected claim" means--
(a) a hearing loss claim, and
(b) a claim for the cost of provision of a hearing aid, and
(c) any other claim that is declared by the regulations to be a protected claim for the purposes of this section.
(2) A reference in this Division to a claim includes a reference to a prospective claim (whether or not the claim is ever actually made). For example, section 132 does not require that a claim be made before the conduct described in that section can be considered to be prohibited conduct.
(3) Each of the following activities is considered to constitute acting as agent for a person in connection with a claim--
(a) advising the person with respect to the making of a claim,
(b) assisting the person to complete or prepare, or completing or preparing on behalf of the person, any form, correspondence or other document concerning a claim,
(c) making arrangements for any test or medical examination to determine the person's entitlement to compensation,
(d) arranging referral of the person to a lawyer for the performance of legal work in connection with a claim,
(e) any other activity prescribed by the regulations.
(4) The regulations may provide that persons who engage in specified activities are not to be regarded as agents for the purposes of this Division.

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