Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 325K

325K Duty to give law practice certificate if claimant’s notice of claim does not comply with s 275

(1) This section applies if—

(a) a claimant gives notice of the claimant’s claim for damages that does not comply with section 275 (7A) ; and

(b) either—

(i) the insurer waives compliance with the requirements for giving a complying notice of claim under section 278 (2) (b) or (3) ; or

(ii) the notice of claim is taken to be a complying notice of claim under section 278 (4) .

(2) If the supervising principal of a law practice gave the claimant a law practice certificate for the claim under section 325H or 325I and the claimant has not given the certificate to the insurer, the principal must give a copy of the certificate to the insurer as soon as practicable.

(3) Subsection (4) applies if—

(a) the supervising principal of a law practice retained by the claimant in relation to the claimant’s claim did not give the claimant a law practice certificate for the claim under section 325H or 325I ; and

(b) the claimant has not subsequently given the insurer a law practice certificate for the claim from the supervising principal.

(4) The supervising principal must, within 1 month after the claimant is notified of the waiver or the notice of claim is taken to be a complying notice of claim—

(a) complete a law practice certificate for the claim; and

(b) give the certificate to the insurer and a copy of the certificate to the claimant.

Penalty—

Maximum penalty for subsection (4) —300 penalty units.