Document ID: chunk:federal_register_of_legislation:C2004A00926:clause:1_12
Version: federal_register_of_legislation:C2004A00926
Segment Type: clause
Provision Reference: sch 1 cl 12
Character Range: 4317–6685

12  At the end of section 18
Add:

 (6) Subsection (5) does not operate, and is taken for the purposes of this Act and the Charges Act never to have operated, in relation to professional services specified in a notice under subsection 17(2) if the Managing Director gives the claimant a notice under subsection (7).

 (7) The Managing Director must give the claimant a notice for the purposes of subsection (6) if:
 (a) apart from subsection (6), subsection (5) would operate so that all the services specified in a notice under subsection 17(2) would be taken for the purposes of this Act and the Charges Act to have been rendered in the course of treatment of, or as a result of, the injury the claimant claims to have suffered; and
 (b) a judgment or settlement has been made in respect of an amount of compensation; and
 (c) the claimant, within the period of 2 years beginning on the day of the judgment or settlement, satisfies the Managing Director that:
 (i) not all of those services have been rendered in the course of treatment of, or as a result of, the injury the claimant claims to have suffered; and
 (ii) the claimant's failure to give the Commission a statement as required by this section was reasonable in the circumstances.

 (8) To avoid doubt, if:
 (a) apart from subsection (6), an amount was payable to the Commonwealth under this Act in relation to the claim; and
 (b) a person paid that amount to the Commonwealth in relation to the claim; and
 (c) the Managing Director gave the claimant a notice under subsection (7); and
 (d) because of subsection (6), the amount paid exceeds the amount properly payable under this Act;
the amount of the excess is payable by the Commonwealth to the person.

 (9) The Consolidated Revenue Fund is appropriated for the purposes of payments by the Commonwealth under subsection (8).

 (10) Application may be made to the Administrative Appeals Tribunal for review of a decision by the Managing Director to refuse to give a notice under subsection (7).

Note: Section 27A of the Administrative Appeals Tribunal Act 1975 requires the decision‑maker to notify persons whose interests are affected by the decision of the making of the decision and their right to have the decision reviewed. In so notifying, the decision‑maker must have regard to the Code of Practice determined under section 27B of that Act.