Recovery of cost of rehabilitation
115H Recovery of cost of rehabilitation
In this section, compensation, in relation to a person who is undertaking, or has undertaken, a VEA rehabilitation program, means an amount that is by way of compensation or damages, or is, in the opinion of the Commission, in the nature of compensation or damages, in respect of the disease, disability or condition because of which the rehabilitation program is being, or has been, undertaken.
This section applies if a veteran who is undertaking, or has undertaken, a VEA rehabilitation program:
has made a claim against another person for compensation, or may be, or may become, entitled to be paid compensation by another person, in relation to the disease, disability or condition because of which the rehabilitation program is being, or has been, undertaken; or
is entitled, whether because of an order of a court, a settlement of a claim for compensation or otherwise, to be paid compensation by another person; or
has been paid compensation by another person, whether because of an order of a court, a settlement of a claim for compensation or otherwise.
A reference in subsection (2) to another person includes a reference to the Commonwealth, a State, a Territory or an authority of the Commonwealth, a State or a Territory.
If this section applies, the Commission may give to the veteran a written notice requiring the veteran to pay for:
a VEA rehabilitation program or any part of such a program that has been undertaken by the veteran before the day on which the notice was given to the veteran; and
a VEA rehabilitation program or any part of such a program undertaken at any time on or after the day on which the notice was given to the veteran;
in relation to the disease, disability or condition.
On being given the notice, the veteran becomes, by force of this section, liable to pay to the Commonwealth an amount equal to the cost, or amounts equal to the sum of the costs, as determined by the Commission, of and incidental to:
a VEA rehabilitation program or any part of such a program that has been undertaken by the veteran before the day on which the notice was given to the veteran; and
a VEA rehabilitation program or any part of such a program undertaken at any time on or after the day on which the notice was given to the veteran.
If the veteran is, under subsection (5), liable to make payment to the Commonwealth for a rehabilitation program provided by the Commission, the Commission may, by written notice given to a person who:
may be, or may become, liable; or
is liable;
to pay compensation to, or for the benefit of, the veteran in respect of the disease, disability or condition, inform the person that the veteran is liable to make payment to the Commonwealth for a VEA rehabilitation program, whether undertaken before or after the giving of the notice.
A reference in subsection (6) to a person includes a reference to an insurer who, under a contract of insurance, is liable to indemnify the person or is liable to pay compensation to, or for the benefit of, the veteran against that liability.
In this section:
VEA rehabilitation program means:
a transferred VEA rehabilitation program; or
a rehabilitation program that:
was undertaken under this Act before the date of commencement; and
is not a transferred VEA rehabilitation program.
This Act’s bill:Second reading speech
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