Commonwealth Consolidated Acts

HEALTH AND OTHER SERVICES (COMPENSATION) ACT 1995 - SECT 23A

             (1)  This section has effect if:

                     (a)  an amount of compensation has been fixed under a judgment or settlement made in respect of the claim; and

                     (b)  the Medicare Australia CEO has received a notice under subsection 23(1) or (3A) in relation to the amount of compensation fixed under the judgment or settlement; and

                     (c)  the Medicare Australia CEO has not given the notifiable person a notice under section 21 in respect of the claim during the 6 month period ending when the amount of compensation was fixed under the judgment or settlement; and

                     (d)  either:

                              (i)  the Medicare Australia CEO has not given the notifiable person a notice under section 21 in respect of the claim before the start of the 6 month period and, as at the date that the amount of compensation was fixed under the judgment or settlement, the Commonwealth has paid no eligible benefits in respect of services and care rendered or provided in the course of treatment of, or as a result of, the injury the claimant claims to have suffered; or

                             (ii)  the Medicare Australia CEO has given the notifiable person one or more such notices before the start of the 6 month period and, as at the date that the amount of compensation was fixed under the judgment or settlement, the Commonwealth has paid no eligible benefits of the kind mentioned in subparagraph (i), other than those set out in the most recent of those notices.

             (2)  The claimant may give a statement under this section to the Medicare Australia CEO specifying that:

                     (a)  if subparagraph (1)(d)(i) applies—as at the day that the amount of compensation was fixed under the judgment or settlement, the Commonwealth has paid no eligible benefits in respect of services and care rendered or provided in the course of treatment of, or as a result of, the injury the claimant claims to have suffered; or

                     (b)  if subparagraph (1)(d)(ii) applies—as at the day that the amount of compensation was fixed under the judgment or settlement, the Commonwealth has paid no eligible benefits in respect of services and care rendered or provided in the course of treatment of, or as a result of, the injury the claimant claims to have suffered, other than those set out in the most recent of the notices mentioned in that subparagraph.

Note:          The Medicare Australia CEO will take account of the information in the statement in specifying in a notice under section 24 the amount (if any) payable to the Commonwealth.

             (3)  The statement must also contain any other information specified in a determination in writing made by the Medicare Australia CEO for the purposes of this subsection.

             (4)  The statement must be verified by statutory declaration.