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HEALTH AND OTHER SERVICES (COMPENSATION) ACT 1995 - SECT 42

Chief Executive Medicare etc. may obtain information etc.

  (1)   The Chief Executive Medicare or an authorised officer may require a person to give information or produce a document that is in the person's custody, or under the person's control, if the Chief Executive Medicare or authorised officer believes on reasonable grounds that the information or document may be relevant to the question of:

  (a)   whether a claim for compensation has been made; or

  (b)   whether a judgment, settlement, reimbursement arrangement has been made or entered into; or

  (c)   the amount of compensation fixed by the judgment or settlement; or

  (d)   what amounts (if any) are or may be payable under this Act or the Charges Act in respect of the amount of compensation; or

  (f)   whether the Secretary of the Department administered by the Minister administering the Aged Care Act 1997 should make a determination under:

  (i)   subsection   44 - 20(5) or (6) or 48 - 5(5) or (6) of the Aged Care Act 1997 ; or

  (ii)   subsection   44 - 20(5) or (6) of the Aged Care (Transitional Provisions) Act 1997 .

  (2)   The requirement must be by notice in writing given to the person.

Note:   Sections   28A and 29 of the Acts Interpretation Act 1901 provide how a notice may be given. In particular, the notice may be given to an individual by:

  delivering it personally; or

  leaving it at the person's last known address; or

  sending it by pre - paid post to the person's last known address.

  (3)   In this section:

"authorised officer" means:

  (a)   a person who is appointed under section   8M of the Human Services (Medicare) Act 1973 and whose powers under that appointment include the powers under Division   2 of Part   IID of that Act; or

  (b)   a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973 ), or a person holding or performing the duties of an office in the Department, who is appointed by the Chief Executive Medicare, by signed instrument, to be an authorised officer for the purposes of this section.



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