Commonwealth Numbered Acts

HEALTH AND OTHER SERVICES (COMPENSATION) ACT 1995 No. 130 of 1995 - SECT 9

9.(1) This section applies if:

   (a)  a reimbursement arrangement has been made in respect of an injury to a
        compensable person; and

   (b)  the person is entitled, under the reimbursement arrangement, to
        compensation by way of reimbursement of expenses as those expenses are
        incurred, being expenses incurred in respect of nursing home care
        provided to the person in the course of treatment of, or as a result
        of, the injury.

(2) Despite Part VA of the National Health Act 1953, nursing home benefit is
not payable in respect of nursing home care if, under the reimbursement
arrangement, the whole or any part of the amount payable for nursing home care
has already been reimbursed before a claim for nursing home benefit in respect
of the nursing home care has been submitted.

(3) If:

   (a)  nursing home benefit has been paid in respect of nursing home care
        provided to the person; and

   (b)  under the reimbursement arrangement, the person is entitled to
        reimbursement of the whole or any part of the amount payable for the
        nursing home care; the person entitled to the reimbursement is liable
        to pay to the Commonwealth an amount equal to the
        nursing home benefit.

(4) Subsection (3) has effect only so far as it is not a law imposing taxation
within the meaning of section 55 of the Constitution. Note: So far as
subsection (3) would be a law imposing taxation, see section 7 of the Health
and Other Services (Compensation) Care Charges Act 1995.