FAQs

Can a representative make a claim on behalf of a client?

Clients are able to appoint another person to make a claim on their behalf using the approved claims forms under the VEA, MRCA and DRCA.

Clients are also able to nominate an organisation as their representative. If the client nominates an organisation, they are requested to provide the name and contact details of an individual contact officer.

A representative's signature alone should not be accepted.  The form must be signed by the client unless an impairment prevents it.

For example, where a client is physically capable of completing a claim form has engaged a lawyer who subsequently submits a claim form signed only by that lawyer as representative. In these instances the claim form should be returned to the representative for the client to sign.

Can medical evidence be accepted by a treating specialist who is also the client’s authorised representative?

A client may appoint their treating specialist to be their authorised representative.

Delegates are not prevented from relying on medical evidence prepared and written by the client’s treating specialist representing the client where there is no contrary medical opinion on file.

The delegate has the option to obtain a medical report from an independent specialist.

On review of the claim material, if the delegate has concerns about whether the representative has been properly appointed they should discuss the claim with their team leader.

Can a client appoint an organisation, rather than an individual as their third party representative?  For example, can they nominate the RSL to represent them in their dealings with DVA, rather than an individual RSL advocate?

It would be open to a client who has legal capacity to make decisions to appoint either a body corporate (a legal person) or an individual (a natural person) to make a claim on their behalf.

A claimant may only appoint a nominated organisation as their representative if that organisation is a legal person, namely, a body corporate.

What is a Body Corporate

A Body Corporate is a legal entity, other than a natural person. It includes a statutory corporation, a company and an incorporated association.

The following ESO’s are known Body Corporates. This list is not exhaustive.

A body corporate may act through multiple individual employees.

Consequently, if a client has appointed an organisation as their representative it would be legally possible for different individual employees of the organisation to act on behalf of that organisation in representing the client.

However, the delegate should verify that each individual officer is an officer of the relevant organisation (such as an employee).

The information provided by a representative when a claim form is completed would provide checkable information to enable such verification, in accordance with existing DVA procedures.

What if the ESO is not a body corporate?

If an ESO is not a body corporate but a claimant requests for that ESO to make a claim on their behalf the claimant should appoint an individual member of the ESO to make the claim.

This would have the legal effect of the client appointing the named individual member as a representative, subject to a condition that the individual is appointed only for the duration of their membership of the ESO, and while they are acting in their capacity as a member of the ESO.

The representative appointment would terminate if they left the ESO.

There would not be a valid representative appointment if the client:

• only specified the name of the ESO or other organisation that is not a body corporate
• did not also nominate an individual member of that organisation to act as their representative.

In this event, the delegate should invite the client to nominate an individual within the organisation to act as their representative.

It is not possible to collectively appoint all of the members of an organisation that is not a body corporate and allowing the organisation to determine the most appropriate individual to act on behalf of the claimant.

What if there is a change of personnel at an unincorporated association?

If a client appoints an individual member of an ESO or other organisation that is not a body corporate as their representative and that nominated person leaves, it will be necessary for the client to appointment a new individual representative if they wish to continue being represented.

Similarly, if a client’s individual representative is temporarily unavailable, including if they are on leave, the client will need to appoint a new individual member of the organisation as their representative for the period of unavailability if they wish to be represented during this period.

A delegate may need to return to the client multiple times over the duration of a claim to invite the client to consider appointing a new representative should the client wish to continue being represented. 

As a practical solution, it is open to a client to make multiple, conditional appointments of individual members of an unincorporated association, to address any future contingencies should the first-named individual representative become unavailable. 

For example, the appointment of a second-named representative of the organisation could be made conditional on the first named member becoming permanently or temporarily unavailable.

This approach would enable POI checks and any other required verification of the named alternative or default representatives in advance, and for the results to be placed on the client’s file for the claim.