Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

HEALTH AND OTHER SERVICES (COMPENSATION) ACT 1995 - SECT 25

Notice of charge--claims resulting in reimbursement arrangements

  (1)   If the Chief Executive Medicare receives a notice under section   13, the Chief Executive Medicare may give to:

  (a)   if the notifiable person in relation to the claim for compensation from which the reimbursement arrangement referred to in section   13 resulted is an insurer--that insurer; or

  (b)   otherwise--the compensation payer;

written notice specifying the sum of the amounts (if any) that are payable to the Commonwealth under this Act or the Charges Act in respect of the amount of compensation.

  (2)   The notice must also specify, in relation to each kind of eligible benefit that the Commonwealth has paid in respect of any service or care rendered or provided in the course of treatment of, or as a result of, the claimant's injury, the sum of the amounts (if any) that will be payable to the Commonwealth under this Act or the Charges Act.

  (3)   The notice must not, in relation to any period covered by a notice under section   21 in respect of the claim, take account of any eligible benefits that were paid in respect of services or care not specified in the notice under section   21.

  (4)   Subject to subsection   (5), the Chief Executive Medicare must give any such notice to the notifiable person within 3 months after the Chief Executive Medicare receives the notice under section   13.

  (5)   If, under subsection   18(3) or 19(3), the claimant has been granted an extension of the period for making a statement under section   18 in relation to the claim for compensation, the Chief Executive Medicare must give any such notice to the notifiable person:

  (a)   within 3 months after the Chief Executive Medicare receives the notice under section   13; or

  (b)   within 60 days after the claimant has given a statement to the Chief Executive Medicare under section   18;

whichever period ends later.

  (6)   The Chief Executive Medicare must give a copy of the notice to the compensable person.

  (7)   A notice under section   21 is taken also to be a notice under this section given by the Chief Executive Medicare to the insurer or compensation payer (as the case requires), on a day worked out in accordance with subsection   (8), if:

  (a)   the notice under section   21 includes a statement of a kind referred to in subsection   21(8); and

  (b)   a reimbursement arrangement has been made in relation to the claim.

  (8)   If subsection   (7) applies, the notice is taken to have been given by the Chief Executive Medicare on:

  (a)   if the reimbursement arrangement was made before the Chief Executive Medicare gives the notice to the notifiable person--the day on which the Chief Executive Medicare gives the notice to the notifiable person; or

  (b)   in any other case--the day on which the reimbursement arrangement is made.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback