Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 48.6

Secretary's powers if compensation information is not given

             (1)  This section applies if:

                     (a)  the Secretary believes on reasonable grounds that a care recipient is entitled to compensation under a judgement, settlement or reimbursement arrangement; and

                     (b)  the Secretary does not have sufficient information to apply section 48-5 in relation to the compensation.

             (2)  The Secretary may, by notice in writing given to a person, require the person to give information or produce a document that is in the person's custody, or under the person's control, if the Secretary believes on reasonable grounds that the information or document may be relevant to the application of section 48-5 in relation to the compensation.

             (3)  The notice must specify:

                     (a)  how the person is to give the information or produce the document; and

                     (b)  the period within which the person is to give the information or produce the document.

Note:          Sections 28A and 29 of the Acts Interpretation Act 1901 (which deal with service of documents) apply to notice given under this section.

             (4)  If the information or document is not given or produced within the specified period, the Secretary may determine compensation payment reductions for the care recipient.

Note:          Decisions to determine compensation payment reductions under this section are reviewable under Part 6.1.

             (5)  The compensation payment reductions must be determined in accordance with the Subsidy Principles.



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