South Australian Current Regulations South Australian Current Regulations15—Procedure for claiming compensation and determination of claim
(1) A claim for
compensation must be made to the Chief Inspector within 1 month after the
issuing of the notice or order for destruction of the animal or the
destruction of the animal by the inspector (as the case requires).
(2) The
Chief Inspector may, if satisfied that it is just and reasonable in the
circumstances to do so, dispense with the requirement that a claim be made
within the period fixed by this regulation.
(3) A claim for
compensation must be made in the form and contain or be accompanied by the
information required by the Chief Inspector (including, if the animal was not
assigned to the Minister, information relating to the proceeds (if any) of the
sale of the carcass of the animal).
(4) The Chief
Inspector may, with the approval of the Minister, determine that no
compensation, or a reduced amount of compensation, is payable to a claimant if
the Chief Inspector is satisfied that—
(a) the
animal was visibly affected by the compensable disease and the owner failed to
notify an inspector of that fact; or
(b) the
owner failed to carry out any written direction of an inspector for the
control or eradication of the compensable disease and that the failure was a
probable cause of the animal being affected by the disease; or
(c) the
owner failed to take reasonable steps to minimise the risk of cattle affected
with the compensable disease being introduced into the owner's herd or the
cattle otherwise becoming affected by the compensable disease; or
(d) the
animal was destroyed within 3 months of being introduced into South Australia
and was likely to have been affected by the compensable disease when so
introduced; or
(e) the
owner is in default in relation to contributions to the Fund.
(5) Before the
Minister gives approval under subregulation (4), the Minister must
consult a body that, in the opinion of the Minister, represents cattle
producers.
(6) The
Chief Inspector must, by written notice, inform all of the following of the
Chief Inspector's determination of the claim:
(a) the
claimant;
(b) the
Minister;
(c) a
body that, in the opinion of the Minister, represents cattle producers.
(7) The claimant may,
within 1 month after receiving notice of the amount of compensation to be
paid, apply to the South Australian Civil and Administrative Tribunal under
section 34 of the South Australian Civil and Administrative Tribunal
Act 2013 for a review of the Chief Inspector's determination of the
claim.
(8) If an application
for review is not made within the time allowed, the claimant's entitlement to
compensation is finally determined for the purposes of these regulations.
(9) Section 71 of the
South Australian Civil and Administrative Tribunal Act 2013 does not
apply to or in relation to a decision of the Tribunal under this regulation.