{"id":"F2025L00864","name":"PGPA Act Determination (Recovery of Compensation for Health Care and Other Services Special Account 2025)","slug":"pgpa-act-determination-recovery-of-compensation-for-health-care-and-other-services-special-account-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442901,"registerId":"F2025L00864-fast-fetch-1775957815715","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"PGPA Act Determination (Recovery of Compensation for Health Care and Other Services Special Account 2025)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-keywords: \"[SEC=OFFICIAL]\"\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nPGPA Act Determination (Recovery of Compensation for Health Care and Other Services Special Account 2025)\n\nI, KATY GALLAGHER, Minister for Finance, make the following determination.\n\nDated   19 July 2025\n\nKATY GALLAGHER\n\nMinister for Finance\n\n \n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Establishment\n\n1  Name \n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Establishment of the special account\n\n6  Accountable authority responsible for the special account\n\nPart 2—Special account credits and debits\n\n7  Amounts that may be credited to the special account\n\n8  Purposes of the special account\n\nPart 3—Transitional, revocation and repeal provisions\n\n9  Opening balance of the special account\n\n10  Revocation of RCHCOS Special Account 2015\n\n11  Additional repeal provisions\n\n \n\nPart 1—Establishment\n\n \n\n1  Name\n\n  This instrument is the PGPA Act Determination (Recovery of Compensation for Health Care and Other Services Special Account 2025).\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n| Column 1 | Column 2 | Column 3 |\n| --- | --- | --- |\n| Provisions | Commencement | Date/Details |\n| The whole of this instrument | The later of the day mentioned in paragraph 79(5)(a) of the PGPA Act or<br>22 September 2025. |  |\n\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any version of this instrument published on the Federal Register of Legislation.\n\n3  Authority\n\n  This instrument is made under subsections 78(1) and 78(3) of the PGPA Act.\n\n4  Definitions\n\n  In this instrument:\n\nChief Executive Medicare has the meaning given by the HOSC Act.\n\nclaimant has the meaning given by the HOSC Act.\n\ncompensable person has the meaning given by the HOSC Act.\n\nHOSC Act mean the Health and Other Services (Compensation) Act 1995.\n\nperson has the meaning given by the Acts Interpretation Act 1901 and also includes a compensable person.\n\nPGPA Act means the Public Governance, Performance and Accountability Act 2013.\n\nRCHCOS Instrument means the PGPA Act (Recovery of Compensation for Health Care and Other Services Special Account—Establishment) Determination 2015/06.\n\nRCHCOS Special Account 2015 means the Recovery of Compensation for Health Care and Other Services Special Account 2015 established by the RCHCOS Instrument.  \n\nthe special account means the Recovery of Compensation for Health Care and Other Services Special Account 2025 established by this instrument.\n\n5  Establishment of the special account\n\n  For paragraph 78(1)(a) of the PGPA Act, the Recovery of Compensation for Health Care and Other Services Special Account 2025 is established as a special account.\n\n6  Accountable authority responsible for the special account\n\n  For paragraph 78(1)(d) of the PGPA Act, the accountable authority responsible for the special account is the Chief Executive Officer of Services Australia.\n\nPart 2—Special account credits and debits\n\n \n\n7  Amounts that may be credited to the special account\n\n  For paragraph 78(1)(b) of the PGPA Act, the following amounts may be credited to the special account:\n\n1.       amounts received following a judgment or settlement made in relation to a claimant under the HOSC Act; and\n2.       amounts received from any person for the purposes of the special account.\n\n\n \n\n8  Purposes of the special account\n\nFor paragraph 78(1)(c) of the PGPA Act, the purposes of the special account, in relation to which amounts may be debited from the special account, are:\n\n1.     to pay a person an amount consistent with the HOSC Act;\n2.       to pay an amount to a Commonwealth entity in relation to a benefit, subsidy or scheme related to the HOSC Act;\n3.     to reduce the balance of the special account (and, therefore, the available appropriation for the special account) without making a real or notional payment;\n4.     to repay amounts where a court order, Act or other law requires or permits the repayment of an amount received.\n\n\n \n\nPart 3—Transitional, revocation and repeal provisions\n\n \n\n9  Opening balance of the special account\n\n1.     For paragraph 78(1)(b) of the PGPA Act, the amount in subsection 9(2) (opening balance) is required to be credited to the special account immediately after its establishment.\n2.     The opening balance is equal to the amount standing to the credit of the RCHCOS Special Account 2015 immediately prior to the commencement of this instrument.\n\n\n10  Revocation of RCHCOS Instrument\n\n  For subsection 78(3) of the PGPA Act, the RCHCOS Instrument is revoked.\n\n11  Additional repeal provisions\n\n1.     For subsection 78(3) of the PGPA Act, Part 3 of this instrument is repealed at the end of the seventh day after the revocation of the RCHCOS Instrument under section 10 (date of repeal).\n2.     For subsection 78(3) of the PGPA Act, the following definitions in section 4 are repealed on the date of repeal:\n\n\n1.     definition of RCHCOS Instrument;\n2.      definition of RCHCOS Special Account 2015.\n\n\n1.     Despite subsection 11(1), the effects of Part 3 of this instrument remain in force after the date of repeal.\n\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a straightforward re-establishment and modernisation of an existing special account. The 2025 determination replaces the 2015 version with substantively identical purposes and mechanics. The scope remains limited to managing compensation recoveries under the Health and Other Services (Compensation) Act 1995 — no expansion of function or jurisdiction."},"complexity_factors":["Short instrument: only 11 sections across 3 Parts","Minimal defined terms: 8 definitions in section 4, mostly referencing external legislation rather than creating new concepts","Straightforward structure: establishment (Part 1), credits/debits (Part 2), transitional provisions (Part 3)","Limited conditional logic: only one timing condition in commencement (section 2) and one self-repealing mechanism (section 11)","Heavy reliance on external statutes: HOSC Act, PGPA Act, and Acts Interpretation Act 1901 — but this is standard for determinations under the PGPA framework rather than true complexity","Single cross-reference pattern: repeatedly cites subsections 78(1), 78(3), and 79(5)(a) of the PGPA Act as authority for each provision"],"plain_english_summary":"This bill creates the Recovery of Compensation for Health Care and Other Services Special Account 2025 — a single, government‑held account run by the CEO of Services Australia to receive and manage funds from compensation judgments, settlements, or payments under the Health and Other Services (Compensation) Act 1995.  \n\nIt replaces the 2015 account and centralizes receipts and disbursements so repayments to government services, payments to claimants, and court‑ordered transfers are tracked and handled transparently."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument replaces the 2015 determination and carries forward its financial balance while establishing the 2025 special account with the same limited types of credits and debits tied to the HOSC Act. Based on the text alone, it continues the same operational scope—holding and applying compensation recoveries—while updating administrative formality (new instrument, new account name, and appointed accountable authority) and transitional repeal mechanics (sections 5, 7–9, 10–11)."},"complexity_factors":["Cross‑references to other statutes: relies on PGPA Act (ss78, commencement tied to PGPA Act paragraph 79(5)(a)) and the HOSC Act for key definitions and legal effects (sections 2, 3, 4).","Transitional mechanics: revokes the 2015 instrument and carries forward the opening balance from the old special account (sections 9–10).","Narrow statutory ledger rules: limited list of permitted credits and debits constrains use of funds (sections 7–8).","Accountability allocation: designates a specific accountable authority (CEO, Services Australia) which concentrates administrative discretion (section 6).","Timed repeal of transitional provisions: Part 3 self‑repeals after a set trigger date but preserves effects, adding a temporal layer to operation (section 11).","Definitions and terminology: several defined terms are drawn from external Acts, requiring cross‑checking those Acts to understand scope (section 4)."],"plain_english_summary":"**What this instrument does:** It creates the Recovery of Compensation for Health Care and Other Services Special Account 2025, names the Chief Executive Officer of Services Australia as the accountable authority, and revokes the 2015 instrument while transferring its opening balance. The account may receive judgments/settlements under the Health and Other Services (Compensation) Act 1995 and other receipts, and may be used to pay compensation, related Commonwealth benefits, reduce the account balance, or make required repayments. Who pays: claimants or other payers; who decides: Services Australia as accountable authority. Why it matters: it fixes where compensation recoveries are held and how they can be used. "},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/pgpa-act-determination-recovery-of-compensation-for-health-care-and-other-services-special-account-2","history":"/api/acts/pgpa-act-determination-recovery-of-compensation-for-health-care-and-other-services-special-account-2/history","analysis":"/api/acts/pgpa-act-determination-recovery-of-compensation-for-health-care-and-other-services-special-account-2/analysis","conflicts":"/api/acts/pgpa-act-determination-recovery-of-compensation-for-health-care-and-other-services-special-account-2/conflicts","importantCases":"/api/acts/pgpa-act-determination-recovery-of-compensation-for-health-care-and-other-services-special-account-2/important-cases","documents":"/api/acts/pgpa-act-determination-recovery-of-compensation-for-health-care-and-other-services-special-account-2/documents"}}