Health Services Act 2016

This section applies if —

a person (a patient) received a former hospital service from a former public hospital in relation to an injury; and

the former public hospital who provided the former hospital service to the patient did not charge the patient a compensable charge for the service.

When compensation is paid or payable in relation to an injury for which the patient received a former hospital service, the compensable charge for the service is payable to the successor health service provider for the former public hospital that provided the service.

The successor health service provider for the former public hospital may recover the compensable charge for the former hospital service payable under subsection (2) from —

a compensation payer in relation to the injury if the compensation payer has not paid, or has partially paid, the compensation to the patient or patient’s estate; or

the patient if the patient receives compensation in relation to the injury; or

the patient’s estate if —

the patient receives any compensation in respect of an injury before the patient dies; or

the patient’s estate receives any compensation in respect of an injury after the patient dies;

another person who receives compensation on behalf of, or at the direction of, the patient.

If there is more than 1 compensation payer under subsection (3)(a), each person liable to pay compensation is jointly and severally liable to the successor health service provider for the compensable charge for the former hospital service.

If the compensation payer pays the compensable charge to the successor health service provider under subsection (3)(a), the payment discharges the compensation payer’s liability to pay —

an amount of compensation equivalent to the payment made to the patient or the patient’s estate; and

the compensable charge required to be paid under this Part.