NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 (NO. 20, 2013) - SECT 105 Consequences of failure to comply with a requirement to take action to obtain compensation
NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 (NO. 20, 2013) - SECT 105
Consequences of failure to comply with a requirement to take action to obtain compensation(1) A participant or prospective participant who is given a notice under subsection 104(2) requiring him or her to take action (the required action ) to claim or obtain compensation within a specified period must take the required action within the period.
(2) If a participant does not take the required action within the period, and the action is to enable the participant or prospective participant to claim or obtain compensation under a scheme of compensation under a Commonwealth, State or Territory law:
(a) if a plan is in effect for the participant--the plan is suspended from the end of the specified period until the participant takes the required action; or
(b) if a plan is not yet in effect for the participant--the CEO must still comply with section 32 in relation to commencing the facilitation of the preparation of the participant's plan, but the plan does not come into effect until the participant takes the required action.
(3) If a prospective participant does not take the required action within the period, the CEO is not prevented from deciding whether or not the prospective participant meets the access criteria and commencing the facilitation of the preparation of the participant's plan, but the plan does not, despite section 37, come into effect until the participant takes the required action.
(4) If a participant or prospective participant does not take the required action within the period, and the action is to enable the person to claim or obtain compensation otherwise than under a scheme of compensation under a Commonwealth, State or Territory law, the CEO may:
(a) take action to claim or obtain compensation in the name of the participant or prospective participant; or
(b) take over the conduct of any existing claim.