HEALTH AND OTHER SERVICES (COMPENSATION) ACT 1995

Table of Provisions

• Long Title

PART 1--PRELIMINARY

• 1 Short title  
• 2 Commencement  
• 3 Definitions  
• 4 Definition of compensation  
• 5 Application of this Act to events occurring before the commencement of this Act  
• 6 Crown to be bound  
• 6AA Norfolk Island  
• 6A Application of the Criminal Code  

PART 2--CONSEQUENCES--OF COMPENSATION PAYMENTS

Division 1--Medicare benefit

• 7 Reimbursement of amounts payable for professional services  
• 8 Recovering past payments of medicare benefit from judgments and settlements  

Division 2--Nursing home benefit, residential care subsidy and home care subsidy

• 9 Reimbursement of amounts payable for nursing home care, residential care or home care  
• 10 Recovering past payments of nursing home benefit, residential care subsidy or home care subsidy from judgments and settlements  

PART 3--PAYMENTS--TO THE COMMONWEALTH IN RESPECT OF COMPENSATION PAYMENTS

Division 1--Notices about compensation claims etc.

• 11 Operation of Division  
• 13 Notice of reimbursement arrangements  
• 14 Notice of intention to recover amounts  
• 17 Notice to claimant  
• 18 Statement by claimant of past benefits  
• 19 Reconsideration of decisions about extensions of the period for giving statements  
• 20 Effect of date of hearing on period for giving statement  
• 21 Notice of past benefits  
• 22 Restriction on making settlements  
• 23 Notice of judgment or settlement  
• 23A Statement after judgment or settlement--no relevant past benefits  
• 23B Notice of statement that is not substantially correct  
• 23C Notice of acceptance of amended statement  
• 23D Review of decision under section 23B by the Administrative Appeals Tribunal  
• 24 Notice of charge--claims resulting in judgments or settlements  
• 25 Notice of charge--claims resulting in reimbursement arrangements  
• 26 Offences  

Division 2--Payments to the Commonwealth in respect of amounts of compensation

• 27 Limit on total amount payable in respect of amounts of compensation  
• 28 Payments to the Commonwealth  
• 29 Recovery of amounts payable to the Commonwealth  
• 30 Notice of charge suspends liability to pay compensation etc.  
• 31 Payment to the Commonwealth discharges liability  
• 32 Offence to make payment before discharging liability to the Commonwealth  
• 33 Interest not payable on amount withheld  

Division 2A--Advance payments to the Commonwealth

• 33A Notice of advance payment  
• 33B Advance payments  
• 33C Notice of past benefits  
• 33D Time within which notice of past benefits must be given  
• 33H Refunds from advance payments  
• 33J Additional payments to the Commonwealth  
• 33K Payment of the whole of the advance payment  
• 33L Advance payments to the Commonwealth discharge liability  
• 33M Interest not payable on advance payments  

Division 3--Waiver of the requirements of this Part

• 34 Bulk payment agreements  
• 35 Waiver--bulk payment agreements  
• 36 Extended waiver--settlements during periods of bulk payment agreements  
• 37 Limits of waiver--bulk payment agreements  
• 38 Waiver--small amounts of compensation  

PART 4--ADMINISTRATION

Division 1--General

• 39 General administration of Act  
• 40 Additional functions of the Chief Executive Medicare  
• 41 Delegation  

Division 2--Power to obtain information

• 42 Chief Executive Medicare etc. may obtain information etc.  
• 43 Content of notices  
• 44 Offences  
• 45 Exemption  

PART 5--MISCELLANEOUS

• 46 Form of notices etc.  
• 47 Regulations