South Australian Current Acts

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LAND AGENTS ACT 1994 - SECT 32

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.

        (5)         The Commissioner must—

            (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.



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