Document ID: chunk:federal_register_of_legislation:C2024C00653:section:3:p4
Version: federal_register_of_legislation:C2024C00653
Segment Type: section
Provision Reference: s 3 (pt 4/5)
Character Range: 13051–15654

Care Act 1997—the Aged Care Act 1997; and
 (b) in relation to residential care under the Aged Care (Transitional Provisions) Act 1997—the Aged Care (Transitional Provisions) Act 1997.
Secretary means the Secretary of the Department.
settlement means an agreement under which an amount of compensation that a party to the agreement agrees to pay to another person is fixed, and includes:
 (a) an agreement for redemption of an entitlement to compensation by way of periodic payments, being an agreement under which the amount of compensation payable under that redemption is fixed; and
 (b) a consent judgment, or an order in the nature of a consent judgment, of a court or compensation authority under which an amount of compensation payable to a person is fixed;
but does not include a reimbursement arrangement.
small amount has the meaning given in section 38.
Territory means:
 (a) an internal Territory; or
 (b) Norfolk Island; or
 (c) the Territory of Christmas Island; or
 (d) the Territory of Cocos (Keeling) Islands.
 (2) A reference in this Act to an amount of compensation in relation to a judgment or settlement is a reference to the sum of all the amounts of compensation that are payable, under the judgment or settlement, to a particular compensable person.
 (3) A reference in this Act to a person receiving a compensation payment includes a reference to another person receiving it on behalf of, or at the direction of, the first person.
 (4) A reference in this Act to an amount of compensation being fixed under an order or agreement is a reference to the amount being:
 (a) specified in the order or agreement, or in the law under which the order or agreement is made or to which the order or agreement relates; or
 (b) ascertainable, at the time the order or agreement is made, in accordance with the terms of the order or agreement, or in accordance with a law under which the order or agreement is made or to which the order or agreement relates; or
 (c) ascertainable, at some time after the order or agreement is made, in accordance with the terms of the order or agreement, or in accordance with a law under which the order or agreement is made or to which the order or agreement relates.
 (4A) An amount of compensation fixed under paragraph 3(4)(c) is fixed at the time at which the amount of compensation is ascertained.
 (5) If a claimant is seeking compensation on behalf of another person:
 (a) references in this Act to a claimant's name, address and date of birth are taken to be references to the name, address or date of birth of the individual who is claimed to have