25Compensation for medical and related expenses

25  Compensation for medical and related expenses

 (1) If a covered person:

 (a) suffers an injury; and

 (b) obtains medical treatment for the injury, so long as the treatment was reasonable for the person to obtain in the circumstances;

the Commonwealth is liable to pay compensation for the cost of the medical treatment, of such amount as Comcare determines is appropriate.

 (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 involving the supply, replacement or repair of property used by a covered person, is taken to include any fees or charges paid or payable by the covered person to:

 (a) a legally qualified medical practitioner; or

 (b) a legally qualified dentist; or

 (c) any 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 under subsection (1) is payable:

 (a) if the covered person has paid the cost of the medical treatment—to, or in accordance with the directions of, the covered person; or

 (b) if the covered person dies before the compensation is paid and without having paid the cost referred to in subsection (1) and another person, who is not the legal personal representative of the covered person, has paid that cost—to that other person; or

 (c) in any other case—to the person to whom the cost is payable.

 (5) If 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 (8), if:

 (a) compensation in respect of the cost of medical treatment is payable under subsection (1); and

 (b) the covered person 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 covered person has made a journey for that purpose;

the Commonwealth is liable to pay compensation to the covered person:

 (c) in respect of the journey—of an amount worked out using the formula set out in subsection (7); or

 (d) in respect of the covered person remaining for the purpose of obtaining the treatment—of an amount equal to the expenditure so reasonably incurred in remaining for that purpose.