Australian Capital Territory Numbered Acts

LIFETIME CARE AND SUPPORT (CATASTROPHIC INJURIES) ACT 2014 (NO. 11 OF 2014) - SECT 70

    (1)     This section applies to each payment mentioned in subsection (2) if payment for the expenses to which the payment relates—

        (a)     has not been made; and

        (b)     is not required to be made under a bulk billing arrangement.

    (2)     For subsection (1), the payments are the following:

        (a)     payment for the treatment of participants in the LTCS scheme at hospitals;

        (b)     payment for conveying participants in the LTCS scheme by ambulance;

        (c)     payment for any medical or dental treatment of, or rehabilitation services provided to, participants in the LTCS scheme.

    (3)     The rate at which a payment mentioned in subsection (2) must be made by the LTCS commissioner is as follows:

        (a)     for treatment at a public hospital—the rate determined by the Minister for Health;

        (b)     for treatment or a service for which a maximum rate is fixed under section 71—the maximum rate fixed under section 71;

        (c)     in any other case—at the rate reasonably appropriate to the treatment or service, having regard to the customary charge made in the community for the treatment or service.

    (4)     A determination under subsection (3) (a) is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act

.

    (5)     If the LTCS commissioner does not make a payment mentioned in subsection (2), the body or person who provided the treatment or service to which the payment relates may recover the payment from the LTCS commissioner as a debt in a court of competent jurisdiction or the ACAT.