Document ID: chunk:federal_register_of_legislation:C2004A00926:clause:1_23a
Version: federal_register_of_legislation:C2004A00926
Segment Type: clause
Provision Reference: sch 1 cl 23A
Character Range: 6953–9336

23A  Statement after judgment or settlement—no relevant past benefits

 (1) This section has effect if:
 (a) a judgment or settlement has been made in respect of the claim; and
 (b) the Commission has received a notice under subsection 23(1) in relation to the judgment or settlement; and
 (c) the Managing Director has not given the notifiable person a notice under section 21 in respect of the claim during the 6 month period ending when the judgment or settlement was made; and
 (d) either:
 (i) the Managing Director has not given the notifiable person a notice under section 21 in respect of the claim before the start of the 6 month period and, as at the date of the judgment or settlement, the Commonwealth has paid no eligible benefits in respect of services and care rendered or provided in the course of treatment of, or as a result of, the injury the claimant claims to have suffered; or
 (ii) the Managing Director has given the notifiable person one or more such notices before the start of the 6 month period and, as at the date of the judgment or settlement, the Commonwealth has paid no eligible benefits of the kind mentioned in subparagraph (i), other than those set out in the most recent of those notices.

 (2) The claimant may give a statement under this section to the Commission specifying that:
 (a) if subparagraph (1)(d)(i) applies—as at the date of the judgment or settlement, the Commonwealth has paid no eligible benefits in respect of services and care rendered or provided in the course of treatment of, or as a result of, the injury the claimant claims to have suffered; or
 (b) if subparagraph (1)(d)(ii) applies—as at the date of the judgment or settlement, the Commonwealth has paid no eligible benefits in respect of services and care rendered or provided in the course of treatment of, or as a result of, the injury the claimant claims to have suffered, other than those set out in the most recent of the notices mentioned in that subparagraph.

Note: The Commission will take account of the information in the statement in specifying in a notice under section 24 the amount (if any) payable to the Commonwealth.

 (3) The statement must also contain any other information specified in a determination in writing made by the Managing Director for the purposes of this subsection.

 (4) The statement must be verified by statutory declaration.