Commonwealth Numbered Acts

HEALTH AND OTHER SERVICES (COMPENSATION) ACT 1995 No. 130 of 1995 - SECT 4

4.(1) Subject to subsection (2), for the purposes of this Act, compensation
is:

   (a)  a payment of damages; or

   (b)  a payment under a scheme of insurance or compensation under a law,
        including a payment under a contract entered into under such a scheme,
        but not including a payment under such a scheme to which the recipient
        has contributed; or

   (c)  a payment (with or without admission of liability) in settlement of a
        claim for damages or a claim under an insurance scheme of a kind to
        which paragraph (b) applies; or

   (d)  any other compensation or damages payment, other than a payment under
        a scheme to which the recipient has contributed; that is made in
        respect of an injury to a person (whether or not the payment is made
        to that person).

(2) For the purposes of this Act, compensation does not include:

   (a)  a payment by an individual who is not insured or otherwise indemnified
        for liability in respect of the injury in question, and who is not
        required by law to be so insured or indemnified; or

   (b)  a payment in the nature of criminal injuries compensation; or

   (c)  an amount paid that is not required to be paid by or under an
        Australian law, other than such an amount the payment of which
        (whether on its own or in conjunction with other such payments) has
        the effect of extinguishing by agreement a claim for compensation; or

   (d)  an amount paid in respect of a fatal injury to a person, unless all or
        part of that amount relates to medical expenses or expenses incurred
        in respect of nursing home care for that person.

(3) For the purposes of paragraph (2)(a), an individual is taken to be insured
or otherwise indemnified for liability in respect of the injury in question
if:

   (a)  the individual is a member of a representative organisation; and

   (b)  the representative organisation could, in performing its function of
        making payments in respect of amounts of compensation that its members
        are liable to pay, make a payment in respect of the liability of the
        individual.