Commonwealth Consolidated Acts

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HEALTH AND OTHER SERVICES (COMPENSATION) ACT 1995 - SECT 34

Bulk payment agreements

  (1)   The Chief Executive Medicare may, on behalf of the Commonwealth, at any time after 18 months following the commencement of this Act, enter into an agreement with a person that contains provisions to the effect that:

  (a)   the person will pay the Commonwealth a specified amount; and

  (b)   the person will:

  (i)   give the Chief Executive Medicare information of a kind specified in a determination made by the Chief Executive Medicare under subsection   (2); and

  (ii)   give the information in a way specified in the determination; and

  (c)   if the person is or becomes a notifiable person in relation to a claim for compensation:

  (i)   the person will be, to the extent provided for in sections   35, 36 and 37, exempt from Divisions   1 and 2 in relation to the claim; and

  (ii)   the compensable person concerned will be, to the extent provided for in subsections   8(6), (7) and (8), exempt from section   8 in respect of the injury to which the claim relates; and

  (iii)   the compensable person concerned will be, to the extent provided for in subsections   10(6), (7) and (8), exempt from section   10 in respect of the injury to which the claim relates; and

  (iv)   the compensable person concerned will be, to the extent provided for in subsections   6(6), (7) and (8) of the Charges Act, exempt from section   6 of that Act in respect of the injury to which the claim relates; and

  (v)   the compensable person concerned will be, to the extent provided for in subsections   8(6), (7) and (8) of the Charges Act, exempt from section   8 of that Act in respect of the injury to which the claim relates.

  (2)   The Chief Executive Medicare may determine in writing:

  (a)   the kinds of information that must be given; and

  (b)   the way in which such information must be given;

for the purposes of provisions of a kind referred to in paragraph   (1)(b).

  (3)   Without limiting subsection   (2), the determination may require the giving of information about settlements, judgments and reimbursement arrangements in relation to injuries that occur within the period to which the contract is expressed to apply, including:

  (a)   in the case of a settlement--the full names of all the parties to the settlement; and

  (b)   in the case of a judgment or reimbursement arrangement--the full names of all the parties to whom the judgment or reimbursement arrangement relates; and

  (c)   the date of the settlement, judgment or reimbursement arrangement; and

  (d)   in the case of a judgment or settlement--the amount of compensation to be paid under the judgment or settlement.

  (4)   Determinations under subsection   (2) are disallowable instruments for the purposes of section   46A of the Acts Interpretation Act 1901 .



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