Commonwealth Consolidated Acts

HEALTH AND OTHER SERVICES (COMPENSATION) ACT 1995 - SECT 36

  (1)   Subject to this section and section   37, Divisions   1 and 2 do not apply in relation to a claim for compensation if:

  (a)   the notifiable person in relation to the claim has entered into a bulk payment agreement with the Chief Executive Medicare; and

  (b)   the notifiable person has complied with all the conditions of the bulk payment agreement; and

  (c)   an amount of compensation is fixed under a judgment or settlement in respect of the claim during the period of the bulk payment agreement; and

  (d)   the judgment or settlement determines all the outstanding liability of the compensation payer in relation to the claim.

  (2)   For the avoidance of doubt, subsection   (1) applies in relation to a claim even if a reimbursement arrangement in respect of the claim has been made before, during or after the period of the bulk payment agreement.

  (3)   For the avoidance of doubt, subsection   (1) applies in relation to a judgment or settlement even if:

  (a)   an amount of compensation was fixed under the judgment or settlement before the start of the period of the bulk payment agreement; and

  (b)   the judgment or settlement did not determine all the outstanding liability of the compensation payer in relation to the claim; and

  (c)   during the period of the bulk payment agreement, an amount of compensation is fixed under a further judgment or settlement of a kind referred to in subsection   (1).

  (4)   This section does not affect the operation of Divisions   1 and 2 in relation to a judgment or settlement of a kind referred to in subsection   (1) if:

  (a)   an amount of compensation was fixed under the judgment or settlement during the period of the bulk payment agreement; and

  (b)   at the time the judgment or settlement was made, it purported to determine all the outstanding liability of the compensation payer in relation to the claim; and

  (c)   another judgment or settlement in respect of the claim is made after the end of the period of the bulk payment agreement.

  (5)   This section does not affect the validity of a payment of money pursuant to a notice under section   24 or 25 if the payment occurred before the amount of compensation was fixed under the judgment or settlement referred to in subsection   (1).