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Compensation claims procedures (This library is no longer being updated)
Historical Information
Comcare Operations Manual
Volume Twelve - Overpayments & Recovery
Part Four-Incapacity Overpayments
Procedures For Recovery From Employees No Longer On The Direct Payroll
Undertaking Legal Action
- Legal Services' role
External
The Legal Services Group will assess the submission provided by the state manager, which should clearly outline the circumstances of the individual case including:
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details of the overpayment;
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negotiation for recovery;
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the formal agreement; and
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details of further negotiation, or discussions held.
Where it is considered appropriate, Legal Services will refer the matter to Comcare's Legal Panel providers. This is the correct and only procedure to be used where legal advice (other than Administrative Appeals Tribunal matters) is involved. Comcare has a Principle of Agreement with the Legal Panel which clearly outlines that this procedure applies.