Commonwealth Consolidated Acts

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VETERANS' ENTITLEMENTS ACT 1986 - SECT 30E

Proceedings against third party

                   If:

                     (a)  a pension is payable or has been paid under this Part in respect of:

                              (i)  the incapacity of a veteran from a war-caused injury or disease; or

                             (ii)  the death of a veteran; and

                     (b)  a person other than the Commonwealth appears legally liable to pay damages in respect of the same incapacity of the veteran from that or any other injury or disease or in respect of that death; and

                     (c)  the veteran, a dependant of the veteran or a person on behalf of the dependant has:

                              (i)  not instituted proceedings against the person for the recovery of damages in respect of the same incapacity of the veteran or in respect of that death; or

                             (ii)  not properly prosecuted proceedings that have been instituted; or

                            (iii)  discontinued proceedings that have been instituted;

the Commission may, by written notice, request the veteran or dependant:

                     (d)  to institute proceedings or new proceedings against the person; or

                     (e)  properly to prosecute proceedings against the person.



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