145Payments in respect of expenses other than loss of income

145 Payments in respect of expenses other than loss of income (1) If a person injured as a result of an accident incurs costs or expenses by reason of the injury and before the commencement of this section made an application under the repealed Act or makes a claim under Part 4 for payments under this section or the corresponding provision of the repealed Act in respect of those costs or expenses, the Commission must, subject to this Act, make payments to that person in respect of— (a) the reasonable costs of hospital services provided in Victoria, by reason of the injury, in respect of that person by a hospital in respect of which, at the time those services were provided, there was not in force an agreement made under section 66 of the repealed Act or section 122 of this Act; and (b) the reasonable costs of ambulance services provided in Victoria, by reason of the injury, in respect of that person by a person in respect of whom, at the time those services were provided, there was not in force an agreement made under section 67 of the repealed Act or section 122 of this Act; and (c) the reasonable costs of medical services provided in Victoria, by reason of the injury, in respect of that person by a medical practitioner in respect of whom, at the time those services were provided, there was not in force an agreement or arrangement made under section 68 of the repealed Act or section 122 of this Act; and (d) nursing services provided in Victoria, by reason of the injury, in respect of the person injured by a person in respect of whom, at the time those services were provided, there was not in force an agreement or arrangement made under section 68A of the repealed Act or section 122 of this Act; and (e) therapeutic services provided in Victoria, by reason of the injury, in respect of the person injured, by a person in respect of whom, at the time those services were provided, there was not in force an agreement or arrangement made under section 68A of the repealed Act or section 122 of this Act; and (f) the reasonable costs incurred of obtaining from a registered pharmaceutical chemist in Victoria medicines or curative appliances or materials prescribed by a medical practitioner by reason of the injury for the person injured; and (g) household help or child care where that person, during the period of one month preceding the accident, was engaged mainly in housekeeping duties or the care of a child and did not receive salary or wages in respect of those duties or that care— (i) the reasonable costs incurred after the date of the accident in employing another person to undertake those duties or that care provided that such reasonable costs exceed $20; or (ii) $2000— whichever is the lesser; and (h) such other reasonable costs or expenses incurred in the Commonwealth by that person by reason of the injury as the Commission thinks fit to take into account. (2) If a person who dies in an accident incurs costs or expenses of any kind described in subsection (1) by reason of the accident and the legal personal representative of the person before the commencement of this section made an application under the repealed Act or makes a claim under Part 4 for payments under this section or the corresponding provision of the repealed Act in respect of those costs or expenses, the Commission must, subject to this Act, make such payments to the applicant in respect of those costs or expenses as would be payable under subsection (1). (3) Where a parent or guardian of any child injured and admitted to hospital as a result of an accident incurs reasonable travelling or accommodation expenses by reason of visiting that child in hospital and before the commencement of this section made an application under the repealed Act or makes a claim under Part 4 for payments under this section or the corresponding provision of the repealed Act in respect of those expenses, the Commission must, subject to this Act, make payments to that person in respect of such expenses. (4) The Commission is not liable under subsection (3) to make payments exceeding $500 in total to the parents or guardians of any child in respect of any particular accident. (5) The Commission is not liable under subsection (3) to make any payment to the parent or guardian of any child injured and admitted to hospital as a result of an accident if the Commission is not liable to make any payment to or on behalf of that child in respect of an injury suffered in that accident. (6) In this section ***child*** means any person who has not attained the age of sixteen years. (7) The Commission must not make payments under this section in respect of an accident that occurred more than five years before the appointed day within the meaning of the **Accident Compensation Act 1985** except in respect of costs incurred within five years after the date of the accident. (8) The Commission must not make payments under this section in respect of more than 80 per centum of the reasonable costs or expenses referred to in subsection (1)(a), (b), (c), (d), (e), (g) or (h) if the services in respect of which they were incurred were provided before the appointed day within the meaning of the **Accident Compensation Act 1985**. (9) If a person dies as a result of an accident and a person incurs costs or expenses by reason of the death and before the commencement of this section made an application under the repealed Act or makes a claim under Part 4 for payments under this section or the corresponding provision of the repealed Act in respect of those costs or expenses, the Commission must, subject to this Act, make payments to that person in respect of— (a) the reasonable costs incurred in the Commonwealth of the burial or cremation of the deceased person; and (b) household help or child care where the deceased person, during the period of one month preceding the accident, was engaged mainly in housekeeping duties or the care of a child and did not receive salary or wages in respect of those duties or that care— (i) the reasonable costs incurred after the date of the accident in employing another person to undertake those duties or that care provided that such reasonable costs exceed $20; or (ii) $2000— (10) The reasonable costs of burial or cremation of a person who dies as a result of an accident shall not exceed such amount or amounts (if any) as are fixed for the purposes of this section by order or successive orders of the Governor in Council published in the Government Gazette. (11) Where a person who dies as a result of an accident dies more than 80 kilometres from the person's usual place of residence, the Commission must make a payment with respect to that part of the cost incurred in the Commonwealth of transporting the body to the burial or cremation that relates to transporting the body from the place of death to 80 kilometres from that residence. (12) If the Commission has determined to make a payment under section 141, 142 or 143 to or in relation to a person who is injured or who dies as a result of an accident— (a) the Commission is not liable to make any payment under subsection (1)(g) or subsection (9)(b) to any person in respect of that accident; and (b) if the Commission has prior to making that determination made any payment under subsection (1)(g) or subsection (9)(b) to any person in respect of that accident the amount of the payment made under section 141, 142 or 143 shall be reduced by the amount of that payment. (13) If— (a) the Commission has determined to make a payment under section 141, 142 or 143 to or in relation to a person who is injured or who dies as a result of an accident the Commission may also make a payment under subsection (1)(g) or subsection (9)(b) to a person in respect of that accident; and (b) the Commission has made a payment under subsection (1)(g) or subsection (9)(b) to a person in respect of an accident it may determine to make a payment under section 141, 142 or 143 in respect of that accident which is not reduced by the amount of that payment. (14) If a person who is injured or who dies in an accident incurs costs or expenses in respect of the provision of services or the supply of goods in any other State or Territory by any person, hospital or other body, the Commission must, subject to this Act, if— (a) the services or goods are of such a kind as is described in the foregoing provisions of this section; and (b) the person, hospital or other body that provided those services or supplied those goods is by law qualified to provide those services or supply those goods in that place— make such payments to that person in respect of those services or goods as would be payable by the Commission under this section if those services were provided or those goods were supplied in Victoria. (15) The Commission may refuse to make a payment under this section to a person who incurs costs or expenses as a result of an accident in respect of so much of the costs or expenses as relates to any period ending more than three months prior to the date on which the Commission is furnished with such evidence relating to the costs and expenses as the Commission may reasonably require. (16) Where the Commission determines pursuant to subsection (15) to refuse to make a payment under this section to a person who applies under this Division for payments under this section, the Commission must inform that person by notice in writing that it refuses the application for that payment. (17) An application may be made to the Tribunal for review of a refusal of the Commission of which notice is given under subsection (16).