24Notice of charge—claims resulting in judgments or settlements

#### 24 Notice of charge—claims resulting in judgments or settlements (1) Subject to subsection (1A), if the Chief Executive Medicare receives a notice under subsection 23(1), the Chief Executive Medicare must give to: (a) if the notifiable person in relation to the claim for compensation from which the judgment or settlement resulted is an insurer—that insurer; or (b) otherwise—the compensation payer; written notice specifying the sum of the amounts (if any) that are payable to the Commonwealth under this Act or the Charges Act in respect of the amount of compensation. (1A) A notice under subsection (1) is not required if the compensation payer or insurer makes an advance payment in respect of the compensation. (2) The notice must also specify, in relation to each kind of eligible benefit that the Commonwealth has paid in respect of any service or care rendered or provided in the course of treatment of, or as a result of, the claimant’s injury, the sum of the amounts (if any) that will be payable to the Commonwealth under this Act or the Charges Act. (3) The notice must not, in relation to any period covered by a notice under section 21 in respect of the claim, take account of any eligible benefits that were paid in respect of services or care not specified in the notice under section 21. (4) The Chief Executive Medicare must give the notice to the notifiable person: (a) if the Chief Executive Medicare had not given a notice under section 21, in respect of the claim for compensation, during the 6 months preceding the day on which the amount of compensation was fixed under the judgment or settlement—within 3 months after the Chief Executive Medicare receives the notice under subsection 23(1); or (b) otherwise—within 28 days after the Chief Executive Medicare receives the notice under subsection 23(1). (5) The Chief Executive Medicare must give a copy of the notice to the compensable person. (6) A notice under section 21 is taken also to be a notice under this section given by the Chief Executive Medicare to the insurer or compensation payer (as the case requires) on the day on which the amount of compensation is fixed under the judgment or settlement if: (a) the notice under section 21 includes statements of the kinds referred to in subsections 21(5), (6) and (7); and (b) the amount of compensation is fixed under the judgment or settlement within 6 months after the notice was given. (7) Subject to subsections (8) and (9), if subsection (6) applies to a notice, the amount specified in the notice pursuant to paragraph 21(2)(b) is taken to be the amount set out for the purpose of subsection (2) of this section. (8) Despite subsection (7), if: (a) subsection (6) applies to a notice; 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; and (d) subsection (9) does not apply; the amount specified in the notice pursuant to paragraph 21(2)(b), 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, is taken to be the amount set out for the purpose of subsection (2). (9) Despite subsection (7), if: (a) subsection (6) applies to a notice; and (b) the amount of compensation is fixed by a judgment that specifies an amount (the past expenses component), being a portion of the amount of compensation, to be a component for either or both of the following: (i) the medical expenses already incurred relating to the injury; (ii) the expenses in respect of residential care or home care already incurred relating to the injury; the past expenses component is taken to be the amount set out for the purpose of subsection (2).