Document ID: chunk:federal_register_of_legislation:C2024C00653:section:18:p2
Version: federal_register_of_legislation:C2024C00653
Segment Type: section
Provision Reference: s 18 (pt 2/3)
Character Range: 38802–41483

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) an amount of compensation has been fixed under a judgment or settlement; and
 (c) the claimant, within the period of 2 years beginning on the day on which the amount of compensation was fixed under the judgment or settlement, satisfies the Chief Executive Medicare 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 Chief Executive Medicare 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 Chief Executive Medicare 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).

Review of decision to refuse to give notice
 (9A) Application may be made to the Chief Executive Medicare for reconsideration of a decision by the Chief Executive Medicare to refuse to give a notice under subsection (7).
 (9B) The application must be made within 28 days after the claimant is notified of the decision to refuse to give the notice.
 (9C) If an application for reconsideration is made, the decision must be reconsidered by the Chief Executive Medicare or a delegate of the Chief Executive Medicare.
 (9D) The decision must not be reconsidered by the person who made the decision to refuse to give the notice.
 (9E) The person reconsidering the decision must affirm or vary the decision within 28 days after the application for reconsideration is made.
 (10) If a decision has been reconsidered, application may be made to the Administrative Review Tribunal for review of the decision as affirmed or varied at the reconsideration.
Note: Section 266 of the Administrative Review Tribunal Act 2024 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 any matters prescribed