Document ID: chunk:federal_register_of_legislation:C2024C00653:section:23:p2
Version: federal_register_of_legislation:C2024C00653
Segment Type: section
Provision Reference: s 23 (pt 2/2)
Character Range: 51962–53994

how much, expressed as a percentage, the amount of compensation has been reduced as a result of the apportionment.
 (5) If the amount of compensation is fixed by a judgment that specifies an amount (the past expenses component), being a portion of the amount of compensation, to be a component for either or both of the following:
 (a) the medical expenses already incurred relating to the injury;
 (b) the expenses in respect of nursing home care, residential care or home care already incurred relating to the injury;
the notice given to the Chief Executive Medicare under subsection (1) or (3A) as the case may be, must state the past expenses component and (if applicable) the proportion of the past expenses component applicable to expenses of a kind referred to in paragraphs (a) and (b) respectively.
 (5A) If:
 (a) the judgment or settlement was made before the commencement of Division 2A; and
 (b) notice of the judgment or settlement had already been given under subsection (1) before that commencement;
the notifiable person may, within 28 days after that commencement, give to the Chief Executive Medicare a further notice in writing that contains all of the information and other matters that a notice under subsection (1) is required to contain under this section (as in force after that commencement).
 (6) A notice under subsection (1) or (3A) must be signed by the notifiable person.
 (7) This section does not apply if:
 (a) the amount of compensation represents, in whole or in part, a redemption of an entitlement to compensation by periodic payments; and
 (b) redemption of the compensable person's entitlement to compensation in respect of future medical care needs, nursing home care needs, residential care needs or home care needs relating to the injury is prohibited by law; and
 (c) inclusion of any amount fixed by a judgment or settlement in respect of expenses for past medical care needs, nursing home care needs, residential care needs or home care needs relating to the injury is prohibited by law.