Section 59P — Veterans' Entitlements Act 1986: Commission may require person to take action to obtain compensation

(1) If: (a) a person is receiving a compensation affected pension; and (b) the person or the person’s partner is entitled or may, in the Commission’s opinion, be entitled to compensation; and (c) the person or the partner has not taken: (i) any action to claim or obtain the compensation; or (ii) any action that the Commission considers reasonable to claim or obtain the compensation; the Commission may require the person or the partner to take the action specified by the Commission. (2) If: (a) a person is eligible for a compensation affected pension; and (b) the person or the person’s partner is entitled or may, in the Commission’s opinion, be entitled to compensation; and (c) the person or the partner has not taken: (i) any action to claim or obtain the compensation; or (ii) any action that the Commission considers reasonable to claim or obtain the compensation; the Commission may require the person or the partner to take the action specified by the Commission. (3) Even though a person has entered into an agreement to give up the person’s right to compensation, the Commission may form the opinion that the person may be entitled to compensation if the Commission is satisfied that the agreement is void, ineffective or unenforceable. (4) For the purposes of subsection (3), a person enters into an agreement to give up the person’s right to compensation if the person: (a) enters into an agreement to waive the person’s right to compensation; or (b) enters into an agreement to withdraw the person’s claim for compensation. (5) The action specified by the Commission is to be the action that the Commission considers reasonable to enable the person to claim or obtain the compensation. (6) If, under subsection (1), the Commission requires a person who has been granted a pension to take action to claim or obtain compensation, the pension is not payable to the person unless the person complies with the requirement. (7) If, under subsection (1), the Commission requires the partner of a person who has been granted a pension to take action to obtain or claim compensation, the pension is not payable to the person unless the partner complies with the requirement.