Commonwealth Numbered Acts

HEALTH AND OTHER SERVICES (COMPENSATION) ACT 1995 No. 130 of 1995 - SECT 21

21.(1) If, in relation to each notice given to the claimant under section 17
in respect of the claim for compensation, either:

   (a)  the claimant has given to the Commission a statement under section 18;
        or

   (b)  the period for giving the statement has expired; the Managing Director
        may give to the notifiable person a notice under this section.

(2) The notice must set out:

   (a)  the period covered by the notice; and

   (b)  the total amount of eligible benefits paid by the Commonwealth, during
        that period, 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.

(3) If the claimant had given to the Commission a statement under section 18
prior to the Managing Director giving the notice, the notice must not, in
relation to the period covered by the statement, take account of any eligible
benefits that were paid in respect of services or care not specified in the
statement.

(4) Without limiting the matters that the notice may include, it may include
information about amounts that may become payable to the Commonwealth under
this Act or the Charges Act in respect of the amount of compensation in
question.

(5) Without limiting the matters that the notice may include, it may include a
statement to the effect that, if a judgment or settlement is made in respect
of the claim within 3 months after the notice was given, the notice is taken
to be a notice of charge under section 24, given by the Managing Director on
the day on which the judgment or settlement is made.

(6) If a notice contains a statement of a kind referred to in subsection (5),
it must also contain a statement to the effect that, subject to subsection
(7), if:

   (a)  the notice is taken to be a notice of charge under section 24; and

   (b)  the judgment or settlement fixes the amount of compensation on the
        basis that liability for the injury should be apportioned between the
        compensable person and the compensation payer; and

   (c)  as a result, the amount of compensation is less that it would have
        been if liability had not been so apportioned; the amount specified in
        the notice as payable to the Commonwealth is reduced by the proportion
        corresponding to the proportion of liability for the injury that is
        apportioned to the compensable person by the judgment or settlement.

(7) If a notice contains a statement of a kind referred to in subsection (5),
it must also contain a statement to the effect that, if:

   (a)  the notice is taken to be a notice of charge under section 24; and

   (b)  the amount of compensation is fixed by a judgment that specifies an
amount (the "past expenses component"), being a portion of the amount of
compensation, to be a component for either or both of the following:

        (i)    the medical expenses already incurred relating to the injury;

        (ii)   the expenses in respect of nursing home care already incurred
               relating to the injury; the past expenses component is taken to
               be the amount specified in the notice as payable to the
               Commonwealth.

(8) Without limiting the matters that the notice may include, it may include a
statement to the effect that if a reimbursement arrangement is made in respect
of the claim, the notice is taken to be a notice of charge under section 25,
given by the Managing Director on:

   (a)  if the reimbursement arrangement was made before the Managing Director
        gives the notice to the notifiable person-the day on which the
        Managing Director gives the notice to the notifiable person; or

   (b)  in any other case-the day on which the reimbursement arrangement is
        made.

(9) The Managing Director must give a copy of any such notice to the claimant.

(10) The Managing Director may give more than one notice to the notifiable
person in respect of the same claim for compensation.

(11) Subject to subsection (13), the claimant or the notifiable person may
request the Commission to give the notifiable person a notice.

(12) The Managing Director must comply with such a request:

   (a)  if, at the time the request was made, the claimant had been given a
        notice under section 17 with which he or she had not yet complied but
        the period for compliance had not expired-within 28 days after he or
        she complies or within 28 days after the period for compliance
        expires, whichever happens first; or

   (b)  if the Managing Director gives to the claimant a notice under
        section 17 within 28 days after the request was made-within 28 days
        after the claimant complies with the notice, or within 28 days after
        the period for compliance expires, whichever happens first; or

   (c)  in any other case-within 28 days after the request was made.

(13) Subsection (11) does not apply if:

   (a)  the Managing Director had given the notifiable person a notice within
        the period of 3 months prior to the request; or

   (b)  a judgment has been made in respect of the claim for compensation.