Commonwealth Numbered Acts

HEALTH AND OTHER SERVICES (COMPENSATION) ACT 1995 No. 130 of 1995 - SECT 22

22.(1) The notifiable person must not make a settlement in respect of the
claim for compensation unless:

   (a)  the notifiable person has informed the compensable person that the
        compensable person may be liable to pay amounts under this Act or the
        Charges Act as a result of the settlement being made; or

   (b)  the Managing Director has, within the 3 months prior to the
        settlement, given to the notifiable person a notice under section 21
        in respect of the claim. Note: Under subsection 4D(1) of the
        Crimes Act 1914, this penalty is only a maximum penalty for the
        offence. Subsection 4B(2) of that Act allows a court to impose an
        appropriate fine instead of, or in addition to, a term of
        imprisonment. If a body corporate is convicted of the offence,
        subsection 4B(3) of that Act allows a court to impose a fine of an
        amount not greater than 5 times the maximum fine that the court could
        impose on an individual convicted of the same offence.

(2) For the purposes of this section, payment of an amount into a court is
taken to constitute the making of a settlement.

(3) Subsection (1) is taken not to have been complied with in relation to the
payment of an amount into a court unless, at the time of the payment, the
notifiable person lodges with the court a copy of the notice under section 21
in respect of the claim.