Commonwealth Numbered Acts

HEALTH AND OTHER SERVICES (COMPENSATION) CARE CHARGES ACT 1995 No. 131 of 1995 - SECT 8

8.(1) Subject to subsections (2), (3), (6) and (9), if:

   (a)  a judgment or settlement is made in respect of an injury to a
        compensable person; and

   (b)  nursing home benefit has already been paid in respect of nursing home
        care provided to that person in the course of treatment of, or as a
        result of, the injury; and

   (c)  a liability has not already arisen under section 7 in respect of that
        payment of nursing home benefit; there is payable to the Commonwealth
        a charge, in respect of the compensation, of an amount equal to the
        nursing home benefit.

(2) Subject to subsection (3), if:

   (a)  the judgment or settlement fixes the amount of compensation on the
        basis that liability for the injury should be apportioned between the
        compensable person and the compensation payer; and

   (b)  as a result, the amount of compensation is less than it would have
        been if liability had not been so apportioned; the amount payable to
        the Commonwealth under subsection (1) is reduced by the proportion
        corresponding to the proportion of liability for the injury that is
        apportioned to the compensable person by the judgment or settlement.

(3) If:

   (a)  the amount of compensation is fixed by a judgment that specifies an
amount (the "past nursing home care component"), being a portion of the amount
of compensation, to be a component for the nursing home care expenses already
incurred relating to the injury; and

   (b)  the amount that, apart from this subsection, would be payable to the
        Commonwealth under this section exceeds the
        past nursing home care component; the amount payable under subsection
        (1) is taken to be the past nursing home care component.

(4) The charge is payable by the compensable person.

(5) 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 10 of the
Health and Other  Services (Compensation) Act 1995 .

(6) Subject to subsections (7) and (8), and section 37 of the Health and 
Other Services (Compensation) Act 1995 , this section does not apply if:

   (a)  the notifiable person in relation to the claim for compensation
        concerned has entered into a bulk payment agreement with the
        Commission; and

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

   (c)  the judgment or settlement is made 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.

(7) Subsection (6) does not apply in relation to a judgment or settlement of a
kind referred to in that subsection if:

   (a)  the judgment or settlement was made 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.

(8) Subsection (6) does not affect the validity of a payment of money pursuant
to a notice under section 24 of the Health and Other Services  (Compensation)
Act 1995 if the payment occurred before the judgment or settlement referred to
in that subsection was made.

(9) This section does not apply if:

   (a)  the judgment or settlement has been made before a notice under
        section  11 or 12 of the
        Health and Other Services (Compensation) Act 1995 in relation to the
        claim for compensation concerned would, apart from section 38 of that
        Act, have been required to be given to the Commission; and

   (b)  the amount of compensation fixed by the judgment or settlement is a
        small amount; and

   (c)  the amount of compensation so fixed is the entire amount of
        compensation for the injury to which the claim relates.
Note: For "small amount" see section 38 of the Health and Other Services 
(Compensation) Act 1995 .