Document ID: chunk:federal_register_of_legislation:C2025C00175:section:119a
Version: federal_register_of_legislation:C2025C00175
Segment Type: section
Provision Reference: s 119A
Character Range: 389113–390208

119A  Persons entitled to treatment under other legislation not entitled to certain compensation

Compensation not payable in relation to certain claims
 (1) Comcare is not liable, under subsection 16(1) of this Act, to pay compensation in respect of the cost of medical treatment obtained in relation to an injury of an employee if the employee is eligible to be provided with treatment under section 7 of the Treatment Benefits (Special Access) Act 2019 as a result of a claim to establish eligibility having been determined under that Act.
Note: In this Act, the definition of injury includes a disease (see section 5A of this Act).

Exceptional circumstances determination
 (2) However, if Comcare is satisfied that there are exceptional circumstances, Comcare may determine, in writing, that on and from a specified day subsection (1) of this section does not apply in relation to an employee and an injury.
 (3) Comcare must notify the employee of the determination within 7 days of the determination being made.
 (4) A determination under subsection (2) is not a legislative instrument.