Track the Medicare notice after a New South Wales judgment or settlement
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the dates and the payer the lawyer records, diary the 28 days for the notice of judgment or settlement and record that the compensation is not released until the charge is paid. Do not send the notice and do not calculate the charge.
- What the lawyer must review
- The compensation payer, usually the insurer, must notify. Identify that payer on the file
- A settlement of more than $5,000 includes all legal costs. A judgment of more than $5,000 does not include costs
- Do not release the compensation until the charge is paid
- The tool does not send the notice of judgment or settlement
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. A New South Wales judgment or settlement in which a compensation payer may have to notify Medicare
Produce. A diary of the 28 days and a hold on release. Not the notice itself.
Have ready. The judgment or settlement date and the amount; Whether the amount includes legal costs; The payer the lawyer has identified.
Example of the limit. Illustrative example: A CTP insurer settles for $8,000 including costs. The diary starts the 28 days from the settlement date and marks the funds as not to be released. The tool does not email the notice.
Stop and hand it back when
- The payer has not been identified.
- The amount, and whether costs are included, have not been recorded.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the dates and the payer the lawyer records, diary the 28 days for the notice of judgment or settlement and record that the compensation is not released until the charge is paid. Do not send the notice and do not calculate the charge. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Notice is required where a judgment fixes compensation at more than $5,000 not including costs, or a settlement fixes it at more than $5,000 including all legal costs, or a reimbursement arrangement is made more than 6 months after the claim was made.
- The notice of judgment or settlement form (MO022) is due within 28 days and may be emailed to Compensation.Recovery@servicesaustralia.gov.au. No notice is required if the settlement is less than $5,000 including all costs, or a reimbursement arrangement is made within 6 months of the claim, or the claim is not under Australian law.
- An advance payment of 10% of the total fixed compensation, within 28 days, is available only where the conditions on the Services Australia page are met. The lawyer decides whether to use it.
- On a New South Wales file the payer may be the CTP insurer, the workers compensation insurer, or the defendant where there is no insurer. The notifiable person can be the insurer, a compensation payer, or a lawyer. Record who will send the notice.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Deed of release for a personal injury damages claim | Deed | AI use Yellow | Deed of release for a personal injury damages claim in Victoria, Queensland or New South Wales, conditional on sanction or approval where the claimant cannot give a binding release. |
| Settlement advice letter before a personal injury release is signed | Letter | AI use Yellow | Letter to the injured person before a personal injury settlement is signed, with blanks for the lawyer's view on liability, the ranges, the recommendation, and the costs figures required before settlement. |
| Settlement distribution statement for a personal injury claim | Checklist | AI use Yellow | Statement the client receives showing the gross personal injury settlement, the costs, the disbursements and the statutory amounts the lawyer has sourced, and the resulting net sum. |
| Special damages and out-of-pocket expenses schedule | Court document | AI use Yellow | A schedule of treatment, travel and other expenses already incurred, with columns for invoices, Medicare benefits and interest on past amounts. |
| Client checklist after a personal injury settlement | Checklist | AI use Yellow | What a client does after a personal injury settlement is signed: Medicare, Centrelink, the NDIS, tax, and money held for a child. |
| Services Australia information request: which official form to use | Checklist | AI use Yellow | A file checklist for asking Services Australia for Medicare claims history, a notice of past benefits, or Centrelink information. |
| Matter closure checklist | Checklist | AI use Yellow | Closing a plaintiff injury file: the settlement costs disclosure was given before execution, the bill, scheme steps, tool copies, trust money, and a risk assessment before any destruction. |
| Payment directions for damages of a child or protected person | Court document | AI use Red | Payment directions for damages of a child or a person under disability or legal incapacity in Victoria, Queensland and New South Wales. |
| Letter to the payer sending a personal injury deed and payment terms | Letter | AI use Yellow | Letter to the payer's solicitors sending a personal injury deed and stating when the compensation may be paid, including the Medicare hold on any payment to the injured person. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Services Australia: Medicare compensation recovery, notification requirements · 2026-10-23
- Services Australia: Medicare compensation recovery, information for insurers and other payers · 2026-10-23
The payers page says Medicare must be told before any amount is paid to the injured person, where the claim has settled or is likely to settle for more than $5,000.
That page also says a payment by an uninsured individual who is not required by law to be insured is outside the definition of compensation. The lawyer decides whether that exclusion applies.
Health and wage records stay in a firm-controlled tool. The lawyer applies ASCR r 9 and APP 11, and decides whether any breach is notifiable under the Privacy Act 1988 (Cth).