Document ID: chunk:federal_register_of_legislation:C2024C00866:section:115h:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 115H (pt 1/2)
Character Range: 1478991–1481651

115H  Recovery of cost of rehabilitation
 (1) In this section, compensation, in relation to a person who is undertaking, or has undertaken, a rehabilitation program under the Veterans' Vocational Rehabilitation Scheme, means an amount that is by way of compensation or damages, or is, in the opinion of the Commission, in the nature of compensation or damages, in respect of the disease, disability or condition because of which the rehabilitation program is being, or has been, undertaken.
 (2) This section applies if a veteran who is undertaking, or has undertaken, a rehabilitation program under the Veterans' Vocational Rehabilitation Scheme:
 (a) has made a claim against another person for compensation, or may be, or may become, entitled to be paid compensation by another person, in relation to the disease, disability or condition because of which the rehabilitation program is being, or has been, undertaken; or
 (b) is entitled, whether because of an order of a court, a settlement of a claim for compensation or otherwise, to be paid compensation by another person; or
 (c) has been paid compensation by another person, whether because of an order of a court, a settlement of a claim for compensation or otherwise.
 (3) A reference in subsection (2) to another person includes a reference to the Commonwealth, a State, a Territory or an authority of the Commonwealth, a State or a Territory.
 (4) If this section applies, the Commission may give to the veteran a written notice requiring the veteran to pay for:
 (a) a rehabilitation program or any part of such a program that has been undertaken by the veteran under the Veterans' Vocational Rehabilitation Scheme before the day on which the notice was given to the veteran; and
 (b) a rehabilitation program or any part of such a program undertaken at any time on or after the day on which the notice was given to the veteran;
in relation to the disease, disability or condition.
 (5) On being given the notice, the veteran becomes, by force of this section, liable to pay to the Commonwealth an amount equal to the cost, or amounts equal to the sum of the costs, as determined by the Commission, of and incidental to:
 (a) a rehabilitation program or any part of such a program that has been undertaken by the veteran under the Veterans' Vocational Rehabilitation Scheme before the day on which the notice was given to the veteran; and
 (b) a rehabilitation program or any part of such a program undertaken at any time on or after the day on which the notice was given to the veteran.
 (6) If the veteran is, under subsection (5), liable to make payment to the Commonwealth for a rehabilitation