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Act No. 33 of 1996 as made
An Act to amend the Health and Other Services (Compensation) Act 1995
Originating Bill: Health and Other Services (Compensation) Amendment Bill 1996
Date of Assent 28 Aug 1996
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016
 

HEALTH AND OTHER SERVICES (COMPENSATION) AMENDMENT ACT 1996 No. 33, 1996

Making Information
- Assented to 28 August 1996

HEALTH AND OTHER SERVICES (COMPENSATION) AMENDMENT ACT 1996 No. 33 of 1996 - TABLE OF PROVISIONS

Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1-Amendment of the Health and Other Services
(Compensation) Act 1995

HEALTH AND OTHER SERVICES (COMPENSATION) AMENDMENT ACT 1996 No. 33 of 1996 - LONG TITLE

An Act to amend the Health and Other Services (Compensation) Act 1995

HEALTH AND OTHER SERVICES (COMPENSATION) AMENDMENT ACT 1996 No. 33 of 1996 - SECT 1
1 Short title

This Act may be cited as the Health and Other Services (Compensation) Amendment Act 1996.


(Minister's second reading speech made in-
Senate on 26 June 1996
House of Representatives on 22 August 1996)

HEALTH AND OTHER SERVICES (COMPENSATION) AMENDMENT ACT 1996 No. 33 of 1996 - SECT 2
2 Commencement

(1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.


(2) Item 4 of Schedule 1 is taken to have commenced immediately after the commencement of the Health and Other Services (Compensation) Act 1995.

HEALTH AND OTHER SERVICES (COMPENSATION) AMENDMENT ACT 1996 No. 33 of 1996 - SECT 3
3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

HEALTH AND OTHER SERVICES (COMPENSATION) AMENDMENT ACT 1996 No. 33 of 1996 - SCHEDULE

Schedule 1-Amendment of the Health and Other Services
(Compensation) Act 1995
1 Subsection 3(1)
Insert:
advance payment means a payment made under section 33B.
2 Subsection 12(3)
Repeal the subsection, substitute:
(3) If, before the commencement of this Act:
(a) a person has made a claim against another person, for
compensation in respect of an injury, by claiming compensation from:
(i) an insurer in relation to the claim; or
(ii) a representative organisation in relation to the claim; and
(b) a judgment, settlement or reimbursement arrangement has not been
made in respect of the claim;
the insurer or representative organisation must, within the
notification period, give to the Commission notice of the claim.
3 After paragraph 12(4)(a)
Insert:
(aa) a judgment, settlement or reimbursement arrangement has not been
made in respect of the claim before that commencement; and
4 Subsection 13(2)
Omit "or (if the arrangement was made before the commencement of this
Act) within 28 days after that commencement,".
5 Subsection 18(3)
Omit "subsection (4)", substitute "subsections (4) and (4A)".
6 At the end of subsection 18(4)
Add:
; and (c) an advance payment has not been made in respect of the
compensation payable under the judgment or settlement.
7 After subsection 18(4)
Insert:
(4A) If an advance payment has been made under section 33B, the
period cannot be extended:
(a) if only one notice under section 17 has been given to the
claimant in relation to the claim for compensation in question-beyond
the period of 12 months after the claimant received that notice; or
(b) in any other case-beyond the period of 12 months after the
claimant received the last notice given to the claimant in relation to
the claim for compensation.
8 After paragraph 23(3)(f)
Insert:
(fa) whether the compensation payer or insurer intends to make an

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advance payment in respect of the compensation; and
(fb) if the compensation payer or insurer intends to make an advance
payment-whether the compensable person has been notified under section
33A; and
9 After subsection 23(5)
Insert:
(5A) If:
(a) the judgment or settlement was made before the commencement of
Division 2A; and
(b) notice of the judgment or settlement had already been given under
subsection (1) before that commencement;
the notifiable person may, within 28 days after that commencement, give
to the Commission a further notice in writing that contains all of the
information and other matters that a notice under subsection (1) is
required to contain under this section (as in force after that
commencement).
10 Subsection 24(1)
Omit "If", substitute "Subject to subsection (1A), if".
11 After subsection 24(1)
Insert:
(1A) A notice under subsection (1) is not required if the
compensation payer or insurer makes an advance payment in respect of
the compensation.
12 After subsection 32(1)
Insert:
(1A) Subsection (1) does not apply if the compensation payer or
insurer makes an advance payment in respect of the compensation.


13 After Division 2 of Part 3
Insert:
Division 2A-Advance payments to the Commonwealth
33A Notice of advance payment
(1) If a compensation payer or insurer intends to make an advance
payment in respect of the compensation payable under a judgment or
settlement, the compensation payer or insurer must notify the
compensable person in writing.
(2) The notice must state:
(a) that the compensation payer or insurer intends to make the
advance payment; and
(b) the amount of the advance payment; and
(c) the circumstances in which the Commonwealth can retain some or
all of the advance payment; and
(d) the circumstances in which the compensable person will be
required to make an additional payment to the Commonwealth in respect
of eligible benefits.
(3) The notice must be given to the compensable person:
(a) if the judgment or settlement was made after the commencement of
this Division-before the judgment or settlement was made; or
(b) if the judgment or settlement was made before that commencement-
before the advance payment in question is made and, in any case, within
28 days after that commencement.
33B Advance payments
(1) A compensation payer or insurer may make an advance payment to
the Commonwealth in respect of the compensation payable under a
judgment or settlement if:
(a) during the 3 months preceding the judgment or settlement, a
notice under section 21 had not been given; and
(b) a notice under section 23 has been given indicating that the
compensation payer or insurer intends to make an advance payment; and
(c) a notice under section 33A has been given; and
(d) the amount of the compensation payable under the judgment or
settlement is not less than $3,000 or such other amount as the Minister
determines.
(2) The advance payment must be an amount equal to 10%, or such other
percentage as the Minister determines, of the amount of compensation
payable under the judgment or settlement.
(3) The advance payment must be made:
(a) if the judgment or settlement was made after the commencement of
this Division-within 28 days after the judgment or settlement was made;
or
(b) if the judgment or settlement was made before that commencement-
within 28 days after that commencement.
(4) Determinations made under paragraph (1)(d) and subsection (2) are
disallowable instruments for the purposes of section 46A of the Acts
Interpretation Act 1901.
33C Notice of past benefits
(1) If a compensation payer or insurer makes an advance payment, the
Commission must give to the compensable person a written notice setting
out the total amount of eligible benefits paid by the Commonwealth in
respect of services and care rendered or provided in the course of

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treatment of, or as a result of, the compensable person's injury.
(2) The notice must not, in relation to the period covered by a
statement given under section 18, take account of any eligible benefits
that were paid in respect of services or care not specified in:
(a) that statement; or
(b) that statement as amended under section 33E.
33D Time within which notice of past benefits must be given
(1) Subject to subsections (2) and (3), the notice under section 33C
must be given within 3 months after:
(a) the Commission receives notice under section 23 indicating that
the compensation payer or insurer intends to make an advance payment;
or
(b) the advance payment is made;
whichever is the later.
(2) If the Managing Director gives a notice under subsection 33E(2)
to the compensable person, the notice under section 33C need not be
given until:
(a) the end of the 3 month period referred to in subsection (1); or
(b) the end of the period of 28 days after the Managing Director
accepts an amended statement under section 33E as being substantially
correct;
whichever is the later.
(3) If:
(a) the Managing Director has not given a notice under subsection
33E(2) to the compensable person; and
(b) the period for giving a statement under section 18 has been
extended under subsection 18(3); and
(c) the date of expiry of the period of the extension is after the
end of the 3 month period referred to in subsection (1);
the notice under section 33C must be given within 28 days after that
date of expiry.
33E Notice of statement that is not substantially correct
(1) This section applies only if an advance payment is made.
(2) If the Managing Director is satisfied that a statement given to
the Commission under section 18 or this section is not substantially
correct, the Managing Director must give to the compensable person a
written notice:
(a) specifying that the statement is not substantially correct; and
(b) requiring the claimant to give an amended statement that is
substantially correct; and
(c) stating the period within which the claimant is required to give
the amended statement to the Commission.
(3) The notice must be given before the last day on which the
Managing Director could give to the compensable person the notice under
section 33C.
(4) The claimant must give to the Commission the statement required
by the notice within the period of 28 days after being given the
notice.
(5) In deciding whether a statement is substantially correct, the
Managing Director may have regard to:
(a) the date on which the compensable person suffered the injury; and
(b) the nature of the injury that the compensable person suffered;
and
(c) the treatment of the injury; and
(d) statistical information about claims for eligible benefits in
relation to injuries of substantially the same kind as the injury in
respect of which the claim was made; and
(e) expert medical opinion about the treatment that is usual or may
reasonably be expected in relation to injuries of that kind; and
(f) any other matter that the Managing Director considers relevant.
(6) A reference in subsection (5) to the treatment of the injury
includes a reference to the provision of nursing home care as a result
of the injury.
(7) Sections 18 and 19 apply to an amended statement under this
section as if it were a statement under section 18.


33F Notice of acceptance of amended statement
(1) If the Managing Director accepts an amended statement under
section 33E as being substantially correct, the Managing Director must,
as soon as practicable after accepting the statement, notify the
compensable person, in writing, accordingly.
(2) An amended statement given to the Commission under section 33E is
taken to have been accepted by the Managing Director as being
substantially correct if, within 28 days after the Commission is given
the statement, a notice under subsection 33E(2) in relation to the
statement is not given to the compensable person.
33G Review of decision under section 33E by the Administrative Appeals
Tribunal
(1) Application may be made to the Administrative Appeals Tribunal
for review of a decision by the Managing Director that a statement
under section 18, or an amended statement under section 33E, is not
substantially correct.
Note: Section 27A of the Administrative Appeals Tribunal Act 1975
requires the decision-maker to notify persons whose interests are
affected by the decision of the making of the decision and their right
to have the decision reviewed. In so notifying, the decision-maker must
have regard to the Code of Practice determined under section 27B of
that Act.
(2) Despite subsection 43(6) of the Administrative Appeals Tribunal
Act 1975, the Tribunal's decision has effect on and from the day on
which it is made.
33H Refunds from advance payments
(1) If the amount specified in the notice under section 33C is less
than the amount of the advance payment, the difference is payable by
the Commonwealth to the compensable person.
(2) The difference is payable on the last day on which the Commission
is required under section 33D to give the notice to the compensable
person.
(3) An amount payable under this section is recoverable as a debt due
to the compensable person.
33J Additional payments to the Commonwealth
(1) If the amount specified in the notice under section 33C is
greater than the amount of the advance payment, the difference is
payable by the compensable person to the Commonwealth.
(2) The difference is payable 28 days after the day on which the
notice was given to the compensable person.
(3) The notice must specify:
(a) the amount that is payable to the Commonwealth; and
(b) the day by which it must be paid.
(4) An amount payable under this section is recoverable as a debt due
to the Commonwealth.
33K Payment of the whole of the advance payment
(1) If the Commission does not give a notice under section 33C to
the compensable person on or before the day on which the Commission is
required to do so, the whole of the advance payment is payable by the
Commonwealth to the compensable person on that day.
(2) The payment of the whole of the advance payment operates as a
discharge of the compensable person's liability to pay to the
Commonwealth amounts payable under this Act or the Charges Act in
respect of the compensation payable under the judgment or settlement in
question.


33L Advance payments to the Commonwealth discharge liability
The making of an advance payment by a compensation payer or insurer
to the Commonwealth of the amount of compensation payable under a
judgment or settlement operates, to the extent of the payment, as a
discharge of:
(a) the compensation payer's or insurer's liability to the
compensable person in respect of the amount of compensation; and
(b) the compensable person's liability to pay to the Commonwealth
amounts payable under this Act or the Charges Act in respect of the
amount of compensation.
33M Interest not payable on advance payments
(1) If:
(a) a compensation payer or insurer makes an advance payment to the
Commonwealth of the amount of compensation payable under a judgment or
settlement; and
(b) an Australian law would, apart from this section, make the
Commonwealth liable to pay interest on the advance payment, because the
advance payment has been retained by the Commonwealth after the
judgment or settlement has been made;
despite that law, the Commonwealth is not liable to pay that interest.
(2) If the Commonwealth is required to make a payment under section
33H or 33K, subsection (1) does not apply after the expiry of the
period within which the payment must be made.
(3) If:
(a) a compensation payer or insurer makes an advance payment to the
Commonwealth of the amount of compensation payable under a judgment or
settlement; and
(b) an Australian law would, apart from this section, make the
compensation payer or insurer liable to pay interest on the advance
payment, because the advance payment has not been paid to the
compensable person after the judgment or settlement has been made;
despite that law, the compensation payer or insurer is not liable to
pay that interest.