Commonwealth Consolidated Acts Commonwealth Consolidated ActsCompensation not payable in relation to certain claims
(1) Comcare is not liable, under subsection 16(1) of this Act, to pay compensation in respect of the cost of medical treatment obtained in relation to an injury of an employee if the employee is eligible to be provided with treatment under section 7 of the Treatment Benefits (Special Access) Act 2019 as a result of a claim to establish eligibility having been determined under that Act.
Note: In this Act, the definition of injury includes a disease (see section 5A of this Act).
Exceptional circumstances determination
(2) However, if Comcare is satisfied that there are exceptional circumstances, Comcare may determine, in writing, that on and from a specified day subsection (1) of this section does not apply in relation to an employee and an injury.
(3) Comcare must notify the employee of the determination within 7 days of the determination being made.
(4) A determination under subsection (2) is not a legislative instrument.