Document ID: chunk:federal_register_of_legislation:F2016L00652:reg:25:p2
Version: federal_register_of_legislation:F2016L00652
Segment Type: reg
Provision Reference: reg 25 (pt 2/2)
Character Range: 49298–51706

the treatment—of an amount equal to the expenditure so reasonably incurred in remaining for that purpose.
 (7) The formula referred to in paragraph (6)(c) is:
where:
number of kilometres travelled means the number of whole kilometres Comcare determines to have been the reasonable length of such a journey as it was necessary for the covered person to make (including the return part of the journey), not including any part of the journey in relation to which transportation was provided, or paid for, by the Commonwealth.
specified rate per kilometre means the rate per kilometre specified for the purposes of the definition of specified rate per kilometre in paragraph 16(6)(c) of the Safety, Rehabilitation and Compensation Act 1988.
 (8) Compensation is not payable under subsection (6) unless:
 (a) the reasonable length of such a journey as it was necessary for the covered person to make (including the return part of the journey) exceeded 50 kilometres; or
 (b) if the journey made by the covered person involved the use of public transport or ambulance services—the covered person's injury reasonably required the use of such transport or services regardless of the distance involved.
 (9) The matters to which Comcare must have regard in deciding questions arising under subsections (6) and (8) include:
 (a) the place or places where appropriate medical treatment was available to the covered person; and
 (b) the means of transport available to the covered person for the journey; and
 (c) the route or routes by which the covered person could have travelled; and
 (d) the accommodation available to the covered person.
 (10) If:
 (a) a covered person suffers an injury; and
 (b) a person has reasonably incurred expenditure in connection with:
 (i) the transportation of the covered person from the place where the injury was sustained to a hospital or similar place; or
 (ii) if the covered person has died—the transportation of the covered person's body from the place where the injury was sustained to a hospital or similar place, or to a mortuary; and
 (c) the covered person, or the legal personal representative of the covered person, does not make a claim for compensation in respect of that expenditure;
the Commonwealth is liable to pay compensation to the person who incurred the expenditure of an amount equal to the amount of that expenditure.

Division 2—Injuries resulting in death