Health and Other Services (Compensation) Act 1995

An amount that is payable to the Commonwealth under this Act or the Charges Act in respect of an amount of compensation is recoverable as a debt due to the Commonwealth.

If:

the amount is included in the amount specified in a notice under section 24 or 25; and

the compensation payer or insurer to whom the notice was given fails to comply with section 28 in relation to the notice;

If the amount is payable in respect of an amount of compensation fixed by a judgment or settlement in relation to which there has been a failure to comply with section 23, the amount is recoverable from the compensation payer or insurer who failed so to comply.

If the amount is payable in respect of an amount of compensation payable under a reimbursement arrangement in relation to which there has been a failure to comply with section 13, the amount is recoverable from the person who failed to comply with that section.

A person’s liability to pay to the Commonwealth under subsection (3) or (4) amounts owing to the Commonwealth in respect of an amount of compensation is not affected by any payment of compensation by the person in relation to the claim for compensation.

If the amount is payable in respect of an amount of compensation fixed by a settlement in relation to which there has been a failure to comply with section 22, the amount is recoverable from the notifiable person in relation to the claim for compensation.

A person’s liability to pay to the Commonwealth under subsection (6) amounts owing to the Commonwealth in respect of an amount of compensation:

is not affected by any payment of compensation by the person in relation to the claim for compensation; and

does not affect the amount of compensation that the person is liable to pay; and

does not give rise to any right of recovery in respect of any payments of the compensation that the person has made.