Commonwealth Consolidated Acts

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HEALTH AND OTHER SERVICES (COMPENSATION) ACT 1995 - SECT 31

Payment to the Commonwealth discharges liability

             (1)  Payment of an amount that a compensation payer is liable to pay to the Commonwealth under section 28 or subsection 29(3) or (4) operates, to the extent of the payment, as a discharge of:

                     (a)  the compensation payer’s liability to the compensable person in respect of the amount of compensation; and

                     (b)  the compensable person’s liability to pay to the Commonwealth amounts payable under this Act or the Charges Act in respect of the amount of compensation.

             (2)  Payment of the amount that an insurer is liable to pay to the Commonwealth under section 28 or subsection 29(3) or (4) operates, to the extent of the payment, as a discharge of:

                     (a)  the insurer’s liability to indemnify the compensation payer in respect of the compensation payer’s liability to the compensable person in respect of the amount of compensation; and

                     (b)  the compensation payer’s liability to the compensable person in respect of the amount of compensation; and

                     (c)  the compensable person’s liability under this Act or the Charges Act to pay to the Commonwealth amounts payable under this Act in respect of the amount of compensation.

             (3)  A reference in this section to payment of an amount is a reference to payment by any person, other than the compensable person or a person acting on the compensable person’s behalf.



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