Document ID: chunk:federal_register_of_legislation:C2025C00186:section:16:p1
Version: federal_register_of_legislation:C2025C00186
Segment Type: section
Provision Reference: s 16 (pt 1/2)
Character Range: 75419–78180

16  Compensation in respect of medical expenses etc.
 (1) Where an employee suffers an injury, the Commonwealth is liable to pay, in respect of the cost of medical treatment obtained in relation to the injury (being treatment that it was reasonable for the employee to obtain in the circumstances), compensation of such amount as the MRCC determines is appropriate to that medical treatment.
Note: Compensation is not payable under this subsection in relation to certain defence‑related claims (see Division 2A of Part XI).
 (2) Subsection (1) applies whether or not the injury results in death, incapacity for work, or impairment.
 (3) For the purposes of subsection (1), the cost of medical treatment shall, in a case where the treatment involves the supply, replacement or repair of property used by the employee, be deemed to include any fees or charges paid or payable by the employee to a legally qualified medical practitioner or dentist or other qualified person for a consultation, examination, prescription or other service reasonably required in connection with that supply, replacement or repair.
 (4) An amount of compensation payable by the Commonwealth under subsection (1) is payable:
 (a) if the employee has paid the cost of the medical treatment—to, or in accordance with the directions of, the employee; or
 (b) if the employee dies before the compensation is paid and without having paid the cost referred to in subsection (1) and another person, not being the legal personal representative of the employee, has paid that cost—to that other person; or
 (c) in any other case—to the person to whom the cost is payable.
 (5) Where a person is liable to pay any cost referred to in subsection (1), any amount paid under subsection (4) to the person to whom that cost is payable is, to the extent of the payment, a discharge of the liability of the first‑mentioned person.
 (6) Subject to subsection (7), if:
 (a) compensation in respect of the cost of medical treatment is payable; and
 (b) the employee reasonably incurs expenditure in doing either or both of the following:
 (i) making a necessary journey for the purpose of obtaining that medical treatment;
 (ii) remaining, for the purpose of obtaining that medical treatment, at a place to which the employee has made a journey for that purpose;
the Commonwealth is liable to pay compensation to the employee:
 (c) in respect of the journey—of an amount worked out using the formula:

  where:
  specified rate per kilometre means the rate per kilometre specified in an instrument under subsection 16(6) of the Safety, Rehabilitation and Compensation Act 1988 (as that instrument is in force from time to time).
  numbers of kilometres travelled means the number of whole kilometres the