Document ID: chunk:federal_register_of_legislation:C2024C00866:section:93:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 93 (pt 1/3)
Character Range: 1345671–1348194

93  Recovery of cost of treatment
 (1) In this section, compensation, in relation to a person who is being, or has been, provided with treatment by the Commission under this Part, means an amount that is by way of compensation or damages, or is, in the opinion of the Commission, in the nature of compensation or damages, in respect of the disease, disability or condition by reason of which that treatment is being, or has been, provided.
 (2) Where a person (in this section referred to as the patient) who is being, or has been, provided with treatment under this Part:
 (a) has made a claim against another person for compensation, or may be, or may become, entitled to be paid compensation by another person, in relation to the disease, disability or condition by reason of which that treatment is being so provided, or has been so provided;
 (b) is entitled, whether by virtue of an order of a court, a settlement of a claim for compensation or otherwise, to be so paid compensation by another person; or
 (c) has been so paid compensation by another person, whether by virtue of an order of a court, a settlement of a claim for compensation or otherwise;
the Commission may cause to be served on the patient a notice in writing requiring the patient to pay for the treatment that has been provided for the patient under this Part before the date of service of the notice, and for any treatment that is provided for the patient under this Part at any time on or after that date, for or in relation to that disease, disability or condition and, upon service of the notice, the patient becomes, by force of this section, liable to pay to the Commonwealth an amount equal to the cost, or amounts aggregating the sum of the costs, as determined by the Commission, of and incidental to:
 (d) the treatment that has been so provided for the patient before the date of service of the notice; and
 (e) any treatment that is so provided for the patient on or after that date.
 (3) Where the patient is, in pursuance of subsection (2), liable to make payment to the Commonwealth for treatment provided by the Commission, the Commission may, by notice in writing served on a person (in this section referred to as the relevant person) who:
 (a) may be, or may become, liable; or
 (b) is liable;
to pay compensation to, or for the benefit of, the patient in respect of the disease, disability or condition by reason of which that treatment is being, or has been, provided, inform the relevant person that the patient is liable to