What is compensation
53B What is compensation
In this Part, compensation is a payment —
made in relation to an injury to a person (whether or not the payment is made to the person who suffered the injury and received the health service or former hospital service) that is —
a payment of damages; or
a payment under a scheme of insurance or compensation under a written law or a law of the Commonwealth, a State or a Territory, but not including a payment under such a scheme to which the recipient has contributed; or
a payment (with or without admission of liability) in settlement of a claim for damages or a claim under an insurance scheme of a kind to which subparagraph (ii) applies; or
any other compensation or damages payment, other than a payment under a scheme to which the recipient has contributed; or
a payment of a kind, or in circumstances, prescribed by the regulations;
and
that is paid or payable after the day on which the Health Services Amendment Act 2023 section 31 comes into operation, whether or not the injury, or the health service or former hospital service received in relation to the injury, occurs before or after that day.
However, compensation does not include a payment of a kind, or in circumstances, prescribed by the regulations.
[Section 53B inserted: No. 1 of 2023 s. 28.]
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
- Health Services (Conduct and Traffic) Regulations 2016
- Health Services (Day Hospital Facility) Determination 2016 · Regulation
- Health Services (Fees and Charges) Order 2016 · Regulation
6 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.