37Recovery of cost of medical treatment

37 Recovery of cost of medical treatment

(1) Subject to subsection (3) of this section, section 93 of the Veterans’ Entitlements Act extends to and in relation to: (a) a person who: (i) was provided with prescribed medical treatment within the meaning of section 120E of the Repatriation Act before the commencing date; and (ii) recovered or received compensation from another person before that date or recovers or receives compensation from another person on or after that date; and (b) a person who became liable before, or becomes liable on or after, the commencing date, to pay compensation to a person who was provided with treatment referred to in subparagraph (a)(i) of this section before the commencing date; as if that medical treatment were treatment that had been provided to the person under Part V of the Veterans’ Entitlements Act and any compensation so recovered or received before the commencing date had been so recovered or received on that date. (2) For the purpose of applying section 93 of the Veterans’ Entitlements Act in accordance with subsection (1) of this section, a notice under subsection 120E(3) or (4) of the Repatriation Act that was served before the commencing date shall have effect on and after that date as if it were a notice under subsection 93(3) or (4), as the case may be, of the Veterans’ Entitlements Act. (3) The cost of treatment provided before the commencing date is not recoverable under a repealed Act and also under section 93 of the Veterans’ Entitlements Act in its application in accordance with subsection (1) of this section. (4) The repeals effected by subsection 3(1) of the Veterans’ Entitlements Act do not affect the liability, on and after the commencing date, of a person under subsection 124(1A) of the Repatriation Act, to pay reasonable charges in respect of treatment provided for the person under the Repatriation Regulations where, before the commencing date, the person had been notified as provided in regulation 70A of those Regulations.