South Australian Repealed Acts

This legislation has been repealed.

HOSPITALS ACT 1934 - SECT 54

54—Notice of claim to and payment by other than insurer

        (1)         If owing to the presence of a vehicle an accident occurs whereby bodily injury is caused to any person and that person receives treatment at a hospital (whether as an in-patient or as an out-patient) in respect of bodily injury (fatal or otherwise) arising from the accident, notice in writing may be given by the hospital to any person (other than an insurer) stating that the said person injured as aforesaid has received treatment at the hospital and stating the amount claimed by the hospital in respect of that treatment.

        (2)         If the hospital in which the treatment is given is a Government hospital the notice shall be given by the director-general or by some person authorised in that behalf by the director-general and if the hospital is a private hospital shall be given by or on behalf of the person having the management of the hospital.

        (3)         If after the giving of any such notice to any person any payment is made by that person by way of damages or compensation for the death or bodily injury to the injured person, the person to whom the notice is given shall pay to the hospital the amount of the claim of the hospital in respect of treatment afforded to the person who has so died or been injured and any amount so paid shall be deemed to be in reduction of the said damages or compensation.

        (4)         The amount to be paid by the person to whom notice is given as aforesaid to the hospital in respect of any such bodily injury (fatal or otherwise), shall not exceed—

            (a)         the total amount of the claim of the hospital; or

            (b)         the total amount payable by such person as damages or compensation in respect of such bodily injury,

whichever is the lesser.

        (5)         If the person who has died or been bodily injured has received treatment at more than one hospital, and the total amount of the claims of those hospitals in respect of treatment afforded to that person exceeds the total amount payable as damages or as compensation in respect of the fatal or bodily injury, any payment required to be made by subsection (3) of this section shall be divisible between the hospitals in proportion to the claims of the hospitals.

        (6)         The provisions of this section shall apply to any body corporate constituted pursuant to any Act.