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Article 3 Application for compensation: basic matters

Original text. Later amendments are not shown.

(1)

An application for compensation under the Act—

(a)

must be in writing,

(b)

must be in such form as the Board may from time to time determine,

(c)

must be signed by the applicant or the applicant’s solicitor, and

(d)

must be submitted to the Board by electronic communication, by post or by direct delivery to the Board (including delivery by courier or messenger service).

(2)

An application for compensation under the Act (other than an application which is only for compensation under section 12(2)(c) of the Act (child sent to Australia under the Child Migrants Programme)) must specify—

(a)

the name and address of the institution to which the application relates, and

(b)

the dates on which, to the best of the applicant’s knowledge, the applicant or, where the application is in respect of a deceased person, the deceased person was resident in the institution.

(3)

The reference in paragraph (2)(a) to the name and address of the institution is a reference to its name and address at the time when the applicant or, where the application is in respect of a deceased person, the deceased person was resident in the institution.

(4)

Where the application relates to more than one institution, paragraphs (2) and (3) have effect as if the references to the institution were references to each of the institutions concerned.

(5)

An application for compensation under section 12(2)(c) of the Act (whether or not the application is only for compensation under that provision) must specify the date on which, to the best of the applicant’s knowledge, the applicant or, where the application is in respect of a deceased person, the deceased person was sent to Australia.

(6)

An application for compensation under the Act is to be regarded as being made on the day on which it is received by the Board.