Commonwealth Consolidated Acts

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HEALTH AND OTHER SERVICES (COMPENSATION) ACT 1995 - SECT 22

Restriction on making settlements

             (1)  The notifiable person must not make a settlement in respect of the claim for compensation unless:

                     (a)  the notifiable person has informed the compensable person that the compensable person may be liable to pay amounts under this Act or the Charges Act as a result of the settlement being made; or

                     (b)  the Medicare Australia CEO has, within the 6 months prior to the day on which an amount of compensation was fixed under the settlement, given to the notifiable person a notice under section 21 in respect of the claim.

             (2)  For the purposes of this section, payment of an amount into a court is taken to constitute the making of a settlement.

             (3)  Subsection (1) is taken not to have been complied with in relation to the payment of an amount into a court unless, at the time of the payment, the notifiable person lodges with the court a copy of the notice under section 21 in respect of the claim.



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