Corporations Act 2001
Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .
View history note
Hide history noteOffer of compensation
1068(1)
If a person is eligible under section 1064 for compensation for a relevant AFCA determination made in respect of the person, the CSLR operator must offer to the person, in writing, the amount of compensation referred to in section 1067 for the determination.
1068(2)
The offer must explain the effect of section 1069A (subrogation of rights).
1068(3)
Before the offer is accepted by the person, the CSLR operator may vary or revoke the offer if the CSLR operator reasonably believes: (a) there is an error relating to the offer; or (b) there is fraud relating to the offer; or (c) there is a change in circumstances affecting:
(i) the person ' s eligibility under section 1064 for the amount of compensation in the offer; or
(d) other exceptional circumstances exist that justify the variation or revocation.
(ii) the amount of compensation in the offer; or
Notification that person is not eligible for compensation
1068(4)
If a person: (a) is not eligible under section 1064 for compensation for a relevant AFCA determination made in respect of the person; and (b) has made an application under section 1066 for compensation for the relevant AFCA determination;
the CSLR operator must, as soon as reasonably practicable, notify the person, in writing, that the person is not eligible for compensation.
1068(5)
A notice to a person under subsection (4) must include reasons why the person is not eligible for compensation.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
