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Health and Other Services (Compensation) Act 1995
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Administered by
Department of Health and Aged Care
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C2024C00653 (C23)
14 October 2024
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Part 1—Preliminary
1 Short title
2 Commencement
3 Definitions
4 Definition of compensation
5 Application of this Act to events occurring before the commencement of this Act
6 Crown to be bound
6AA Norfolk Island
6A Application of the Criminal Code
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Part 2—Consequences of compensation payments
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Division 1—Medicare benefit
7 Reimbursement of amounts payable for professional services
8 Recovering past payments of medicare benefit from judgments and settlements
Division 2—Nursing home benefit, residential care subsidy and home care subsidy
9 Reimbursement of amounts payable for nursing home care, residential care or home care
10 Recovering past payments of nursing home benefit, residential care subsidy or home care subsidy from judgments and settlements
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Part 3—Payments to the Commonwealth in respect of compensation payments
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Division 1—Notices about compensation claims etc.
11 Operation of Division
13 Notice of reimbursement arrangements
14 Notice of intention to recover amounts
17 Notice to claimant
18 Statement by claimant of past benefits
19 Reconsideration of decisions about extensions of the period for giving statements
20 Effect of date of hearing on period for giving statement
21 Notice of past benefits
22 Restriction on making settlements
23 Notice of judgment or settlement
23A Statement after judgment or settlement—no relevant past benefits
23B Notice of statement that is not substantially correct
23C Notice of acceptance of amended statement
23D Review of decision under section 23B by the Administrative Review Tribunal
24 Notice of charge—claims resulting in judgments or settlements
25 Notice of charge—claims resulting in reimbursement arrangements
26 Offences
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Division 2—Payments to the Commonwealth in respect of amounts of compensation
27 Limit on total amount payable in respect of amounts of compensation
28 Payments to the Commonwealth
29 Recovery of amounts payable to the Commonwealth
30 Notice of charge suspends liability to pay compensation etc.
31 Payment to the Commonwealth discharges liability
32 Offence to make payment before discharging liability to the Commonwealth
33 Interest not payable on amount withheld
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Division 2A—Advance payments to the Commonwealth
33A Notice of advance payment
33B Advance payments
33C Notice of past benefits
33D Time within which notice of past benefits must be given
33H Refunds from advance payments
33J Additional payments to the Commonwealth
33K Payment of the whole of the advance payment
33L Advance payments to the Commonwealth discharge liability
33M Interest not payable on advance payments
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Division 3—Waiver of the requirements of this Part
34 Bulk payment agreements
35 Waiver—bulk payment agreements
36 Extended waiver—settlements during periods of bulk payment agreements
37 Limits of waiver—bulk payment agreements
38 Waiver—small amounts of compensation
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Part 4—Administration
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Division 1—General
39 General administration of Act
40 Additional functions of the Chief Executive Medicare
41 Delegation
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Division 2—Power to obtain information
42 Chief Executive Medicare etc. may obtain information etc.
43 Content of notices
44 Offences
45 Exemption
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Part 5—Miscellaneous
46 Form of notices etc.
47 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Editorial changes