MOTOR VEHICLES (THIRD PARTY INSURANCE) ACT 1942 - SECT 25 Payments in respect of certain matters

MOTOR VEHICLES (THIRD PARTY INSURANCE) ACT 1942 - SECT 25

25 Payments in respect of certain matters

(1) Where the death of or bodily injury to any person is caused by or arises out of the use of a motor vehicle, not being a motor vehicle in respect of which persons are exempted by or under this Act from the provisions of section 7 (1), and where any payment is made (whether or not with an admission of liability) by the Government Insurance Office in respect of such death or bodily injury, then:

(a) if the person received, in respect of the bodily injury or the injury which caused the person's death, treatment at a public hospital as an in-patient, there shall also be paid by the Government Insurance Office to the proper officer for each day or part of a day of the treatment of the person, an amount estimated by the Minister for Health and last notified, as the daily average cost to that hospital of the hospital treatment of in-patients,

(b) if the person received, in respect of the bodily injury or the injury which caused the person's death, treatment at a public hospital as an out-patient, there shall also be paid by the Government Insurance Office to the proper officer in respect of each separate treatment of the person, an amount estimated by the Minister for Health and last notified, as the average cost to that hospital, for each separate treatment, of the hospital treatment of out-patients,

(c) if the person received, in respect of the bodily injury or the injury which caused the person's death, treatment (whether as an in-patient or as an out-patient) at a hospital other than a public hospital, there shall also be paid by the Government Insurance Office to the proper officer an amount calculated in accordance with a scale to be prescribed by the regulations, but not exceeding the maximum amount (if any) so prescribed, and

(d) if the person, as a consequence of any such injury, was conveyed in any ambulance vehicle, there shall also be paid by the Government Insurance Office to the proper officer an amount calculated in accordance with a scale to be prescribed by the regulations, but not exceeding the maximum amount (if any) so prescribed, and

(e) if the person received, in respect of any such injury, reasonably necessary medical treatment by a legally qualified medical practitioner, or reasonably necessary massage treatment by a masseur, or reasonably necessary dental treatment (otherwise than as hospital treatment) by a registered dentist, or reasonably necessary nursing (otherwise than as hospital treatment) by a registered nurse, there shall also be paid by the Government Insurance Office to such medical practitioner, masseur, dentist, or nurse, as the case may be, such amount as is reasonably appropriate to the treatment or nursing afforded, having regard to the reasonable necessity therefor and the customary charge made in the community for such treatment or nursing.

(3) Any amount payable under this section by the Government Insurance Office may be recovered as a debt from it by the proper officer, medical practitioner, masseur, dentist, or nurse to whom, under the terms of this section, the amount is payable.

(4) The estimated costs referred to in subsection (1) (a) and (b) shall, in respect of any public hospital, be based, wherever practicable, on the costs incurred by that hospital for the year which ended on 30 June next preceding any date on which it is proposed to notify the costs, pursuant to either of those paragraphs, in respect of that hospital.

(5) Any regulation made in relation to any matter referred to in subsection (1) (c) or (d) may prescribe different scales and different maximum amounts or different scales or different maximum amounts in respect of different classes of hospital treatment or conveyance or according to different circumstances.

(6) In this section:


"notified" means notified in the Gazette by the Minister for Health.


"proper officer" means the officer or person generally or specially authorised by law or by the person or body governing or controlling the hospital or the ambulance vehicle, as the case may be, to receive any amount payable under subsection (1) (a), (b), (c) or (d).