Commonwealth Numbered Acts

HEALTH AND OTHER SERVICES (COMPENSATION) CARE CHARGES ACT 1995 No. 131 of 1995 - SECT 7

7.(1) This section applies if:

   (a)  a reimbursement arrangement has been made in respect of an injury to a
        compensable person; and

   (b)  the person is entitled, under the reimbursement arrangement, to
        compensation by way of reimbursement of expenses as those expenses are
        incurred, being expenses incurred in respect of nursing home care
        provided to the person in the course of treatment of, or as a result
        of, the injury.

(2) If:

   (a)  nursing home benefit has been paid in respect of nursing home care
        provided to the person; and

   (b)  under the reimbursement arrangement, the person is entitled to
        reimbursement of the whole or any part of the amount payable for the
        nursing home care; on payment of the nursing home benefit, there is
        payable to the Commonwealth, in respect of the compensation, a charge
        of an amount equal to the nursing home benefit.

(3) The charge is payable by the person entitled to the reimbursement.

(4) This section has effect only so far as it is a law imposing taxation or
dealing with the imposition of taxation within the meaning of section 55 of
the Constitution. Note: So far as this section would not be a law imposing
taxation or dealing with the imposition of taxation, see section 9 of the
Health and Other  Services (Compensation) Act 1995 .