Commonwealth Consolidated Acts

HEALTH AND OTHER SERVICES (COMPENSATION) ACT 1995 - SECT 25

             (1)  If the Medicare Australia CEO receives a notice under section 13, the Medicare Australia CEO may give to:

                     (a)  if the notifiable person in relation to the claim for compensation from which the reimbursement arrangement referred to in section 13 resulted is an insurer—that insurer; or

                     (b)  otherwise—the compensation payer;

written notice specifying the sum of the amounts (if any) that are payable to the Commonwealth under this Act or the Charges Act in respect of the amount of compensation.

             (2)  The notice must also specify, in relation to each kind of eligible benefit that the Commonwealth has paid in respect of any service or care rendered or provided in the course of treatment of, or as a result of, the claimant’s injury, the sum of the amounts (if any) that will be payable to the Commonwealth under this Act or the Charges Act.

             (3)  The notice must not, in relation to any period covered by a notice under section 21 in respect of the claim, take account of any eligible benefits that were paid in respect of services or care not specified in the notice under section 21.

             (4)  Subject to subsection (5), the Medicare Australia CEO must give any such notice to the notifiable person within 3 months after the Medicare Australia CEO receives the notice under section 13.

             (5)  If, under subsection 18(3) or 19(3), the claimant has been granted an extension of the period for making a statement under section 18 in relation to the claim for compensation, the Medicare Australia CEO must give any such notice to the notifiable person:

                     (a)  within 3 months after the Medicare Australia CEO receives the notice under section 13; or

                     (b)  within 60 days after the claimant has given a statement to the Medicare Australia CEO under section 18;

whichever period ends later.

             (6)  The Medicare Australia CEO must give a copy of the notice to the compensable person.

             (7)  A notice under section 21 is taken also to be a notice under this section given by the Medicare Australia CEO to the insurer or compensation payer (as the case requires), on a day worked out in accordance with subsection (8), if:

                     (a)  the notice under section 21 includes a statement of a kind referred to in subsection 21(8); and

                     (b)  a reimbursement arrangement has been made in relation to the claim.

             (8)  If subsection (7) applies, the notice is taken to have been given by the Medicare Australia CEO on:

                     (a)  if the reimbursement arrangement was made before the Medicare Australia CEO gives the notice to the notifiable person—the day on which the Medicare Australia CEO gives the notice to the notifiable person; or

                     (b)  in any other case—the day on which the reimbursement arrangement is made.