Document ID: chunk:federal_register_of_legislation:C2024C00653:section:21:p1
Version: federal_register_of_legislation:C2024C00653
Segment Type: section
Provision Reference: s 21 (pt 1/3)
Character Range: 43470–46047

21  Notice of past benefits
 (1) If, in relation to each notice given to the claimant under section 17 in respect of the claim for compensation, either:
 (a) the claimant has given to the Chief Executive Medicare a statement under section 18; or
 (b) the period for giving the statement has expired;
the Chief Executive Medicare may give to the notifiable person a notice under this section.
 (2) The notice must set out:
 (a) the period covered by the notice; and
 (b) the total amount of eligible benefits paid by the Commonwealth, during that period, in respect of services and care rendered or provided in the course of treatment of, or as a result of, the injury the claimant claims to have suffered.
 (3) If the claimant had given to the Chief Executive Medicare a statement under section 18 prior to the Chief Executive Medicare giving the notice, the notice must not, in relation to the period covered by the statement, take account of any eligible benefits that were paid in respect of services or care not specified in the statement.
 (4) Without limiting the matters that the notice may include, it may include information about amounts that may become payable to the Commonwealth under this Act or the Charges Act in respect of the amount of compensation in question.
 (5) Without limiting the matters that the notice may include, it may include a statement to the effect that, if an amount of compensation is fixed under a judgment or settlement made in respect of the claim within 6 months after the notice was given, the notice is taken to be a notice of charge under section 24, given by the Chief Executive Medicare on the day on which the compensation is fixed.
 (6) If a notice contains a statement of a kind referred to in subsection (5), it must also contain a statement to the effect that, subject to subsection (7), if:
 (a) the notice is taken to be a notice of charge under section 24; 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;
the amount specified in the notice as payable to the Commonwealth is 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.
 (7) If a notice contains a statement of a kind referred to in subsection (5), it must also contain a statement to the