Health and Other Services (Compensation) Act 1995

The notifiable person must notify the Chief Executive Medicare in writing if a judgment or settlement has been made in respect of the claim.

The notice must be given within 28 days after the judgment or settlement is made.

The notice given to the Chief Executive Medicare under subsection (1) must contain the following information:

the compensable person’s name, address and date of birth; and

the date on which the compensable person suffered the injury; and

the nature of the injury that the compensable person suffered; and

the names of all the parties to the settlement, or the names of all the parties to which the judgment relates, as the case requires; and

the date (if any) by which the compensation payer is required to pay an amount of compensation under the judgment or settlement; and

the amount of compensation to be paid under the judgment or settlement to the compensable person (but see subsection (3A)); and

whether the compensation payer or insurer intends to make an advance payment in respect of the compensation; and

if the compensation payer or insurer intends to make an advance payment—whether the compensable person has been notified under section 33A; and

if the amount of compensation represents, in whole or in part, a redemption of the entitlements to compensation by periodic payments—the fact that it represents such a redemption; and

such other information as is prescribed by the regulations made for the purposes of this subsection.

If the amount of compensation payable to a claimant is fixed as provided for in paragraph 3(4)(c) then, when that amount is ascertained, the notifiable person must give to the Chief Executive Medicare a further notice in writing that:

states that the amount has been ascertained; and

states the amount of the compensation.

The notice under subsection (3A) must be given within 28 days after the day that the amount of compensation is fixed.

If:

the judgment or settlement fixes the amount of compensation on the basis that liability for the injury should be apportioned between the compensable person and the compensation payer; and

as a result, the amount of compensation is less than it would have been if liability had not been so apportioned;

If the amount of compensation is fixed by a judgment that specifies an amount (the past expenses component), being a portion of the amount of compensation, to be a component for either or both of the following:

the medical expenses already incurred relating to the injury;

the expenses in respect of residential care or home care already incurred relating to the injury;

If:

the judgment or settlement was made before the commencement of Division 2A; and

notice of the judgment or settlement had already been given under subsection (1) before that commencement;

A notice under subsection (1) or (3A) must be signed by the notifiable person.

This section does not apply if:

the amount of compensation represents, in whole or in part, a redemption of an entitlement to compensation by periodic payments; and

redemption of the compensable person’s entitlement to compensation in respect of future medical care needs, residential care needs or home care needs relating to the injury is prohibited by law; and

inclusion of any amount fixed by a judgment or settlement in respect of expenses for past medical care needs, residential care needs or home care needs relating to the injury is prohibited by law.