NATIONAL COMPENSATION TRIBUNAL: SUBSIDIARY LEGISLATION

NATIONAL COMPENSATION TRIBUNAL: SUBSIDIARY LEGISLATION

NATIONAL COMPENSATION TRIBUNAL (PROCEDURE) RULES

ARRANGEMENT OF RULES

    RULE

PART I
PRELIMINARY

    1.    Citation

    2.    Interpretation

    3.    Application

PART II
NOTIFICATION AND REGISTRATION OF CLAIMS

    4.    Notification of claims

    5.    Registration of claims

PART III
FILING OF CLAIMS

    6.    Claims by representatives

    7.    Claims by agents

    8.    Claims by, or on behalf of, minors

    9.    Claims by families

    10.    Claims by unincorporated associations

    11.    Associated and severed claims

    12.    Third party interests

PART IV
SUBMISSION, PREPARATION AND ASSESSMENT OF CLAIMS

    13.    Evidence to establish claim

    14.    Appointment of experts

    15.    Guidelines and tariffs

    16.    Preparation and assessment of claims

PART V
DETERMINATION OF CLAIMS

    17.    Determination of claims

    18.    Oral hearings

    19.    Expedited claims

PART VI
AWARDS

    20.    Payment of monetary awards

    21.    Non-monetary awards

    22.    Negotiated settlements and arbitration

PART VII
REVIEW OF AWARDS

    23.    Review of awards at the instance of the claimant

    24.    Review of awards at the instance of the Tribunal

    25.    No review where award paid

PART VIII
AMENDMENT, WITHDRAWAL AND ABANDONMENT OF CLAIMS

    26.    Amendment of claims

    27.    Change of claimant

    28.    Withdrawal of claims

    29.    Abandonment of claims

PART IX
MISCELLENEOUS

    30.    No assignment of claims

    31.    Death of claimant

    32.    Orders and directions

    33.    Formal requirements

    34.    Maintenance and publication of records

    35.    Service by post

    36.    Languages

    37.    Corrections

G.N. 59/1997

NATIONAL COMPENSATION TRIBUNAL (PROCEDURE) RULES

Under s. 3

PART I
PRELIMINARY

1.    Citation

    These Rules may be cited as the National Compensation Tribunal (Procedure) Rules.

2.    Interpretation

    In these Rules, unless the context otherwise requires—

    “agent” means a person appointed by a claimant to act on behalf of the claimant;

    “claim” means an application by, or on behalf of, a claimant or joint claimants addressed to the Tribunal for an award in respect of a loss or injury;

    “claimant” means a person who suffered loss or injury or a person who has at law inherited an entitlement to claim in respect of a loss or injury, and includes a dependant of a claimant and a representative, but does not include an agent;

    “Fund” means the National Compensation Fund established under section 144 of the Constitution;

    “representative” means—

    (a)    a person through whom a claim is brought by a person beneficially entitled to claim but lacks legal capacity to act; or

    (b)    a person who is authorized to act for another person, including a family unit;

    “Tribunal” means the National Compensation Tribunal established under Part XIII of the Constitution.

3.    Application

    These Rules apply to all claims instituted before the Tribunal.

PART II
NOTIFICATION AND REGISTRATION OF CLAIMS

4.    Notification of claims

    (1) Every person wishing to make a claim shall notify the Tribunal of his or her intention by submitting sufficient information to identify the claimant and the claim.

    (2) Where the Tribunal receives notification of a claim, it shall, unless it decides such step to be unnecessary, forward to the claimant such claim forms as will facilitate the efficient assessment of the claim.

    (3) Subject to subrule (4), every claimant shall append his or her signature or other identification mark to the notification and claim forms referred to in subrule (1) and (2), respectively.

    (4) The Tribunal may, in exceptional circumstances and under such conditions as the Tribunal may in the best interests of the claimant impose, accept the signature of an agent instead of the signature or other identification mark of the claimant.

5.    Registration of claims

    (1) Subject to subrule (3), the Tribunal shall upon receipt of a notification under rule 3 register the claim.

    (2) Upon registration of a claim under subrule (1) the Tribunal shall within fourteen days send a written notice of the registration of the claim to the claimant.

    (3) Subject to any deadlines that may be prescribed, from time to time, in respect of specific categories of claims, the Tribunal may register claims up to one year before the completion of the operations of the Tribunal.

PART III
FILING OF CLAIMS

6.    Claims by representatives

    Every person acting as a representative of a claimant shall produce evidence satisfactory to the Tribunal regarding his or her authority to so act.

7.    Claims by agents

    (1) Every person acting as an agent of a claimant shall produce evidence satisfactory to the Tribunal regarding his or her authority to act as agent of the claimant for the purpose of making a claim, and such evidence shall include a letter of authority bearing the signature or other identification mark of the claimant authorizing the agent to act on behalf of the claimant.

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