Undertaking Legal Action
In the unlikely situation where all attempts at recovery have been unsuccessful, the team leader should prepare a submission to the Legal Services Group, to be endorsed by the state manager. A sample submission is at Appendix 9.
Where the state manager decides that recovery should be pursued through legal avenues, he or she must refer the matter on to the Legal Services Group in the Corporate Centre.
The claims manager must concurrently advise the employee of action being undertaken (letter at Appendix 10) and maintain contact with Legal Services to follow up case progress.
Again, a diary should regularly be generated (say, monthly) from the 'FLOC.CM' function, to ensure that this process is progressed and finalised.
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-twelve-overpayments-recovery/part-four-incapacity-overpayments/procedures-recovery-employees-no-longer-direct-payroll/undertaking-legal-action
Legal Services' role
In the unlikely situation where all attempts at recovery have been unsuccessful, the team leader should prepare a submission to the Legal Services Group, to be endorsed by the state manager. A sample submission is at Appendix 9.
Where the state manager decides that recovery should be pursued through legal avenues, he or she must refer the matter on to the Legal Services Group in the Corporate Centre.
The claims manager must concurrently advise the employee of action being undertaken (letter at Appendix 10) and maintain contact with Legal Services to follow up case progress.
Again, a diary should regularly be generated (say, monthly) from the 'FLOC.CM' function, to ensure that this process is progressed and finalised.
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-twelve-overpayments-recovery/part-four-incapacity-overpayments/procedures-recovery-employees-no-longer-direct-payroll/undertaking-legal-action/legal-services