Health and Other Services (Compensation) Act 1995

This section has effect if:

an amount of compensation has been fixed under a judgment or settlement made in respect of the claim; and

the Chief Executive Medicare has received a notice under subsection 23(1) or (3A) in relation to the amount of compensation fixed under the judgment or settlement; and

the Chief Executive Medicare has not given the notifiable person a notice under section 21 in respect of the claim during the 6 month period ending when the amount of compensation was fixed under the judgment or settlement; and

either:

the Chief Executive Medicare has not given the notifiable person a notice under section 21 in respect of the claim before the start of the 6 month period and, as at the date that the amount of compensation was fixed under the judgment or settlement, the Commonwealth has paid no eligible benefits in respect of services and care rendered or provided in the course of treatment of, or as a result of, the injury the claimant claims to have suffered; or

the Chief Executive Medicare has given the notifiable person one or more such notices before the start of the 6 month period and, as at the date that the amount of compensation was fixed under the judgment or settlement, the Commonwealth has paid no eligible benefits of the kind mentioned in subparagraph (i), other than those set out in the most recent of those notices.

The claimant may give a statement under this section to the Chief Executive Medicare specifying that:

if subparagraph (1)(d)(i) applies—as at the day that the amount of compensation was fixed under the judgment or settlement, the Commonwealth has paid no eligible benefits in respect of services and care rendered or provided in the course of treatment of, or as a result of, the injury the claimant claims to have suffered; or

if subparagraph (1)(d)(ii) applies—as at the day that the amount of compensation was fixed under the judgment or settlement, the Commonwealth has paid no eligible benefits in respect of services and care rendered or provided in the course of treatment of, or as a result of, the injury the claimant claims to have suffered, other than those set out in the most recent of the notices mentioned in that subparagraph.

The Chief Executive Medicare will take account of the information in the statement in specifying in a notice under section 24 the amount (if any) payable to the Commonwealth.

Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.

The statement must also contain any other information specified in a determination in writing made by the Chief Executive Medicare for the purposes of this subsection.