Document ID: chunk:federal_register_of_legislation:C2004A00839:clause:1_1184
Version: federal_register_of_legislation:C2004A00839
Segment Type: clause
Provision Reference: sch 1 cl 1184
Character Range: 28235–30049

1184  Secretary may send recovery notice to compensation payer or insurer

 (1) If:

 (a) a person (the compensation payer):
 (i) is liable to pay compensation to a person (a claimant); or
 (ii) where the compensation payer is an authority of a State or Territory, has determined that a payment by way of compensation is to be made to a claimant; and
 (b) the claimant has received a compensation affected payment in relation to a day or days in the periodic payments period or the lump sum preclusion period, as the case may be;
the Secretary may give written notice to the compensation payer that the Secretary proposes to recover from the compensation payer the amount specified in the notice.

 (2) If:
 (a) an insurer is liable, under a contract of insurance, to indemnify a compensation payer against any liability arising from a person's claim for compensation; and
 (b) the person has received a compensation affected payment in relation to a day or days in the periodic payments period or the lump sum preclusion period, as the case may be;
the Secretary may give written notice to the insurer that the Secretary proposes to recover from the insurer the amount specified in the notice.

 (3) If a compensation payer or insurer is given notice under subsection (1) or (2), as the case may be, the compensation payer or insurer is liable to pay to the Commonwealth the amount specified in the notice.

 (4) The amount to be specified in the notice is the recoverable amount under section 1184A.

 (5) A notice under this section must contain a statement of the effect of section 1184D so far as it relates to such a notice.

 (6) This section applies to an amount payable by way of compensation in spite of any law of a State or Territory (however expressed) under which the compensation is inalienable.