New South Wales Consolidated Acts

HEALTH SERVICES ACT 1997 - SECT 72

72 Cost of relief granted to injured persons to be a charge on damages

(cf PH Act s 30A)

(1) This section applies to any person (
"the debtor" ) who is liable to a public health organisation for the cost of any health service (other than a non-chargeable hospital service) provided by the organisation in respect of any personal injury suffered by the person or another person.

(2) If the debtor has a right to recover damages against any other person in respect of the personal injury, the amount of the debtor's liability to the public health organisation is a charge on any money that is or may become payable in respect of such right to recover damages.

(3) The charge is enforceable by way of an action brought by the public health organisation in the same way as if the action were an action brought by or on behalf of the debtor claiming the amount of such liability as special damages.

(4) In any such action (or any judgment given concerning that action), the parties have, to the extent of the charge, the same rights and liabilities (and the court has the same powers) as if the action were by or on behalf of the debtor.

(5) The action may be brought despite--

(a) any judgment recovered by or on behalf of the debtor, and

(b) any payment made to the debtor or any other person (except the public health organisation) in respect of the defendant's liability, and

(c) any complete or partial discharge given by the debtor.

(6) However, any such payment or discharge in respect of a claim for damages is, to the extent of the payment or discharge, a valid discharge to the person making the payment or receiving the discharge if it is given after--

(a) the person injured has ceased to receive health services in respect of the injury, and

(b) the cost of all health services provided by any public health organisation has been fully paid or satisfied.