Subdiv 4Orders for medical and other expenses

Subdivision 4—Orders for medical and other expenses 117—Order for payment of medical and like expenses (1) Where the Magistrates Court, upon application made by or on behalf of any person for whose maintenance an order is for the time being in existence, is satisfied— (a) that any medical, surgical, psychiatric, dental, hospital or nursing care or treatment by way of physiotherapy or chiropractic is or was reasonably required in respect of that person; and (b) that the financial position of that person is and has been such as to preclude the person from making provision for or towards the cost of that care or treatment; and (c) that the person against whom the order was made has not made adequate provision for or towards that cost and it is just and equitable in all the circumstances of the case that he or she pay, or contribute towards, that cost, the court may order the person against whom the order was made to pay to the applicant or to the Chief Executive for or towards that cost such amount as it thinks reasonable. (2) For the purposes of subsection (1)— medical care includes— (a) the supply of medicines, skiagrams, artificial limbs, eyes or teeth, crutches, splints, spectacles and other medical and surgical aids and curative appliances or apparatus including necessary renewals or replacements of them; and (b) transport by a vehicle to a hospital or other place for medical examination or medical treatment and where necessary, transport from the hospital or place on the return journey. (3) For the purposes of this section, but without limiting the generality of its application— (a) a child under the age of three months in respect of whose birth an order for the payment of preliminary expenses has been made under this Act and is in existence; and (b) a person in respect of whom an order for the payment of a merely nominal amount is in existence, will be taken to be persons for whose maintenance an order is in existence. (4) Where an order is made under this section for the payment of money for or towards the cost of any care or treatment referred to in subsection (1), the court may, at any time, give such directions in writing as the court thinks proper for the disbursement of the amount ordered to be paid but so that no money is disbursed before the care or treatment to which the payment relates has been rendered. Division 3—Jurisdiction and powers of Magistrates Court 130—General jurisdiction of courts of summary jurisdiction in respect of orders under this Part (1) Subject to this Act, but without limiting the jurisdiction of any court, the Magistrates Court has jurisdiction to hear and determine any complaint and to make and to discharge, suspend or vary any order of a kind provided for in this Part. (2) Subject to this Act, the court has jurisdiction to make an order under this Part by reason of facts and circumstances, whether or not those facts or circumstances, or some of them, took place before the commencement of this Act or outside this State— (a) if the person against whom the order is sought is resident in this State; or (b) if the person for whose benefit the order is sought is resident in this State. (3) Nothing in this Act limits or affects the operation of any provision of any other Act by which any person is or may be required to make contribution to, or payment on account of, the maintenance or support of any other person. 131—Orders directing payment of nominal sum only (1) Where, upon the hearing of a complaint under Division 1 upon which an order for maintenance may be made, the Magistrates Court is satisfied that it would make an order for the maintenance of the complainant but for the fact that the defendant is not presently able to contribute to the support of that person, the court may nevertheless make an order setting out its findings on the complaint and directing the payment by the defendant of a merely nominal amount in respect of that person. (2) Proceedings cannot be taken under this Act to enforce payment of the nominal amount directed to be paid by an order where the sum due under the order is less than ten dollars but, if that amount is varied under any provision of this Part, proceedings may be taken to enforce payment of any amount payable under the order as varied. 133—Interim orders for payment of maintenance (1) Where the hearing of a complaint under Division 1 is adjourned for a period of not less than seven days the court may order the defendant to pay for or towards the maintenance of the person to whom the complaint relates such amount as it thinks reasonable. (2) An order under this section is not subject to suspension, variation or appeal and remains in force until the expiration of a period of three months from the date on which the order is made or until the complaint again comes before the court (whichever first occurs). Division 4—Provisions relating to the commencement and duration of orders and to evidentiary matters