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HEALTH AND OTHER SERVICES (COMPENSATION) ACT 1995 No. 130 of 1995 - SECT 29
Recovery of amounts payable to the Commonwealth
29.(1) An amount that is payable to the Commonwealth under this Act or the
Charges Act in respect of an amount of compensation is recoverable as a debt
due to the Commonwealth.
(2) If:
(a) the amount is included in the amount specified in a notice under
section 24 or 25; and
(b) the compensation payer or insurer to whom the notice was given fails
to comply with section 28 in relation to the notice; the amount so
included is recoverable from the compensation payer or insurer to whom
the notice was given.
(3) If the amount is payable in respect of an amount of compensation fixed by
a judgment or settlement in relation to which there has been a failure to
comply with section 11, 12 or 23, the amount is recoverable from the
compensation payer or insurer who failed so to comply.
(4) If the amount is payable in respect of an amount of compensation payable
under a reimbursement arrangement in relation to which there has been a
failure to comply with section 13, the amount is recoverable from the person
who failed to comply with that section.
(5) A person's liability to pay to the Commonwealth under subsection (3) or
(4) amounts owing to the Commonwealth in respect of an amount of compensation
is not affected by any payment of compensation by the person in relation to
the claim for compensation.
(6) If the amount is payable in respect of an amount of compensation fixed by
a settlement in relation to which there has been a failure to comply with
section 22, the amount is recoverable from the notifiable person in relation
to the claim for compensation.
(7) A person's liability to pay to the Commonwealth under subsection (6)
amounts owing to the Commonwealth in respect of an amount of compensation:
(a) is not affected by any payment of compensation by the person in
relation to the claim for compensation; and
(b) does not affect the amount of compensation that the person is liable
to pay; and
(c) does not give rise to any right of recovery in respect of any payments
of the compensation that the person has made.
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