Document ID: chunk:federal_register_of_legislation:C2024C00653:section:24:p2
Version: federal_register_of_legislation:C2024C00653
Segment Type: section
Provision Reference: s 24 (pt 2/2)
Character Range: 63180–64724

given.
 (7) Subject to subsections (8) and (9), if subsection (6) applies to a notice, the amount specified in the notice pursuant to paragraph 21(2)(b) is taken to be the amount set out for the purpose of subsection (2) of this section.
 (8) Despite subsection (7), if:
 (a) subsection (6) applies to a notice; and
 (b) the judgment or settlement fixes the amount of compensation on the basis that liability for the injury should be apportioned between the compensable person and the compensation payer; and
 (c) as a result, the amount of compensation is less than it would have been if liability had not been so apportioned; and
 (d) subsection (9) does not apply;
the amount specified in the notice pursuant to paragraph 21(2)(b), reduced by the proportion corresponding to the proportion of liability for the injury that is apportioned to the compensable person by the judgment or settlement, is taken to be the amount set out for the purpose of subsection (2).
 (9) Despite subsection (7), if:
 (a) subsection (6) applies to a notice; and
 (b) 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:
 (i) the medical expenses already incurred relating to the injury;
 (ii) the expenses in respect of nursing home care, residential care or home care already incurred relating to the injury;
the past expenses component is taken to be the amount set out for the purpose of subsection (2).