Commonwealth Consolidated Acts

MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 290

Compensation for costs of a patient's journey

  (1)   The Commonwealth is liable to pay compensation for any costs reasonably incurred if:

  (a)   the costs are incurred in respect of a journey that is made by a person that is necessary for the person to obtain compensable treatment for an injury or disease of the person; and

  (b)   any one or more of the following applies:

  (i)   if the journey is by ambulance services--the person's injury or disease reasonably requires using those services; or

  (ii)   the journey is by public transport; or

  (iii)   if the journey is by means other than public transport or ambulance services--it is unreasonable for the person to use public transport having regard to the nature of the person's injury or disease, or public transport is unavailable; or

  (iv)   the reasonable length of the journey (including the return part of the journey) exceeds 50 kilometres; and

  (c)   a claim for compensation in respect of the person has been made under section   319.

Note 1:   Section   289 defines compensable treatment .

Note 2:   This subsection might be affected by the following provisions:

(a)   section   292 (journeys etc. outside Australia);

(b)   section   293 (amount of compensation).

Compensation for costs of an attendant's journey

  (2)   The Commonwealth is liable to pay compensation for any costs reasonably incurred if:

  (a)   the Commission approves a person (the attendant ) to accompany another person (the patient ) on a journey that is necessary for the patient to obtain compensable treatment for an injury or disease of the patient; and

  (b)   the costs are incurred in respect of the attendant's journey; and

  (c)   any one or more of the following applies:

  (i)   if the journey is by ambulance services--the person's injury or disease reasonably requires using those services; or

  (ii)   the journey is by public transport; or

  (iii)   if the journey is by means other than public transport or ambulance services--it is unreasonable for the person to use public transport having regard to the nature of the person's injury or disease, or public transport is unavailable; or

  (iv)   the reasonable length of the journey (including the return part of the journey) exceeds 50 kilometres; and

  (d)   a claim for compensation in respect of the attendant has been made under section   319.

Note 1:   Section   289 defines compensable treatment .

Note 2:   This subsection might be affected by the following provisions:

(a)   section   292 (journeys etc. outside Australia);

(b)   section   293 (amount of compensation).