28Compensation for medical and related expenses

#### 28 Compensation for medical and related expenses (1) If an employee: (a) suffers an injury; and (b) obtains medical treatment for the injury, being treatment that it was reasonable for the employee to obtain in the circumstances; compensation is payable for the cost of the medical treatment, of such amount as is appropriate, having regard to the nature of the treatment. (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 an employee, is taken to include any fees or charges paid or payable by the employee to a legally qualified medical practitioner or dentist, or 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) to, or in accordance with the directions of, the employee; or (b) if the employee 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 employee) has paid that cost—to that other person; or (c) if that cost has not been paid and the employee, or the legal personal representative of the employee, does not claim the compensation—to the person to whom the cost is payable. (5) If an employer 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 employer. (6) Subject to subsection (7), if compensation in respect of the cost of medical treatment is payable under subsection (1), the employer is liable to pay to the employee an amount of compensation in respect of expenditure reasonably incurred by the employee in doing either or both of the following: (a) making a journey, necessary for the purpose of obtaining the treatment, from the place in Australia where the employee is residing to the place where the treatment is to be obtained; (b) remaining, for the purpose of obtaining that treatment, at a place to which the employee has made a journey for that purpose. (6A) The amount of compensation that the employer is liable to pay in respect of the journey is: (a) in relation to a journey by means of public transport or ambulance services—an amount equal to the expenditure reasonably incurred in undertaking that journey; or (b) in relation to a journey by means of private motor vehicle—an amount worked out using the formula:  where: > Specified rate per kilometre means such rate per kilometre as the Minister specifies, by legislative instrument, under this paragraph in respect of journeys to which this paragraph applies. > Number of kilometres travelled means the number of whole kilometres that the employer determines to have been the reasonable length of such a journey (including the return part of the journey). (6AA) If the place where the employee is residing is not the place where the employee normally resides, the amount payable in respect of the journey is not to exceed the amount that would be payable if the journey were made from the place where the employee normally resides. (6B) The amount of compensation that the employer is liable to pay in respect of the employee remaining at a place for the purpose of obtaining the treatment is an amount equal to the expenditure so reasonably incurred in remaining for that purpose. (7) Compensation is not payable under subsection (6) unless: (a) in relation to a journey to which paragraph (6A)(a) applies—the employee’s injury reasonably required the use of public transport or ambulance services (as the case may be) regardless of the distance involved; or (b) in relation to a journey to which paragraph (6A)(b) applies—the reasonable length of such a journey exceeded 50 kilometres. (8) The matters to be taken into account in deciding questions arising under subsections (6), (6A), (6AA), (6B) and (7) include: (a) the place or places where appropriate medical treatment was available to the employee; and (b) the means of transport available to the employee for the journey; and (c) the route or routes by which the employee could have travelled; and (d) the accommodation available to the employee. (9) If: (a) an employee suffers an injury; and (b) a person has reasonably incurred expenditure in connection with the transportation of the employee, or, if the employee has died, of the employee’s body, from the place where the injury was sustained to a hospital or similar place, or to a mortuary; and (c) an employee, or the legal personal representative of the employee, does not make a claim for compensation for that expenditure; compensation of an amount equal to that expenditure is payable to the person who incurred the expenditure.