32—Establishment and determination of claims
(1) A claim for
compensation must be made to the Commissioner in a manner and form determined
by the Commissioner.
(1a) The Commissioner
may require a person making a claim—
(a) to
furnish further information specified by the Commissioner;
(b) to
verify, by statutory declaration, information furnished for the purposes of
making or establishing a claim.
(2) The Commissioner
must, on receipt of a claim for compensation—
(a) give
the claimant and the agent or former agent concerned notice of the claim in
accordance with the regulations; and
(b)
allow the claimant and the agent or former agent a reasonable opportunity to
appear before the Commissioner personally or by representative to make
submissions as to the claim.
(3) The Commissioner
may do any 1 or more of the following in response to the claim:
(a)
require the claimant to take specified action to recover the loss (and
postpone determination of the claim);
(b)
determine the claim and, if appropriate, make a payment to the claimant from
the indemnity fund;
(c)
require the claimant to make contractual undertakings as to the assistance
that the claimant must give the Commissioner in any action taken by the
Commissioner to recover the loss.
(4) In deciding
whether to require the claimant to take action to recover the loss, and in
deciding what action the claimant should be required to take to recover the
loss, the Commissioner is to consider the size of the claim, the complexity of
the case, the claimant's financial circumstances, the claimant's mental or
physical health or capacity and any other factors that the Commissioner
considers relevant.
(a) keep
the claimant informed of the progress of the claim in accordance with the
regulations; and
(b) on
making a determination on a claim, give the claimant and the agent or former
agent written notice of the determination.