WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 325R Giving or receiving consideration for claim referrals

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 325R

325R Giving or receiving consideration for claim referrals

(1) A person (a
"payer" ) must not give, agree to give or allow or cause someone else to give consideration to another person (a
"payee" ) for a claim referral or potential claim referral.

Penalty—

Maximum penalty—300 penalty units.

(2) A person (also a
"payee" ) must not receive, agree to receive or allow or cause someone else to receive consideration from another person (also a
"payer" ) for a claim referral or potential claim referral.

Penalty—

Maximum penalty—300 penalty units.

(3) This section does not apply if—

(a) the payee is a law practice (the
"current practice" ) that is selling all or part of the law practice’s business to another law practice (the
"new practice" ); and

(b) the new practice gives, agrees to give or allows or causes someone else to give the current practice an amount for the referral of a claimant to the new practice; and

(c) the amount is not more than the current legal costs for the claimant; and

(d) the new practice discloses payment of the amount to the claimant in a costs agreement.

(4) In this section—


"claimant" includes a potential claimant.


"consideration" , for a claim referral or potential claim referral, see section 325S .


"legal costs" , for a claimant, means the fees and costs, including disbursements, a law practice is entitled to charge and recover from the claimant in relation to the claimant’s claim or potential claim.