Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_37:p1
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 37 (pt 1/2)
Character Range: 278628–281343

37  Compensation for reasonable costs of medical treatment

Scope of this section
 (1) This section applies to an employer if:
 (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or
 (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:
 (i) the fact that the employee did not suffer a loss or diminution of the employee's capacity to earn; or
 (ii) the operation of paragraph 32B(2)(a).
Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee's permanent incapacity if the assessed degree of loss or impairment is 2% or less.

Compensation payable by public scheme employers
 (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).
 (3) Any costs payable as compensation under subsection (2):
 (a) must be reasonable; and
 (b) must be approved by the Employment Liaison Officer as reasonably appropriate in the circumstances; and
 (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:
 (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;
 (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;
 (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;
 (iv) any costs incurred on the employee's behalf by a person or body other than the employee relating to medical treatment for the employee's injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and
 (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.
Note: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act