Prepare the Medicare notice after a Queensland compensation payment
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the judgment or settlement and the payer the lawyer names, record whether the Services Australia figure is passed, populate the notice of judgment or settlement from the approved template, and diary 28 days. Do not send the notice.
- What the lawyer must review
- Name the notifiable person and check the amount
- On a settlement, include legal costs in the figure, as the page does
- On a judgment, do not include costs in the figure, as the page does
- Check the notice before it is sent and track the charge
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland judgment or settlement in which a compensation payer must consider a Medicare notice
Produce. A draft notice from the approved template, with the 28-day date diarised and nothing sent.
Have ready. The judgment or settlement terms, including whether legal costs are in the amount; The payer the lawyer names; The date the judgment or settlement was made.
Example of the limit. Illustrative example: The draft treats a $6,000 judgment, inclusive of costs, as over the settlement figure. The lawyer separates the damages from the costs before deciding whether the judgment figure on the page is met.
Stop and hand it back when
- The payer has not been identified.
- The draft has been marked as sent.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the judgment or settlement and the payer the lawyer names, record whether the Services Australia figure is passed, populate the notice of judgment or settlement from the approved template, and diary 28 days. Do not send the notice. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Services Australia says the notifiable person must tell the agency where a compensation amount of more than $5,000 is fixed by judgment or settlement under Australian law, including legal costs for settlements, or a reimbursement arrangement is made more than 6 months after a claim was lodged. The same page later states a judgment of more than $5,000 not including costs, a settlement of more than $5,000 including all costs, and a reimbursement arrangement more than 6 months after the claim was made. The lawyer applies those statements to the figure. The page states no separate Queensland amount.
- The compensation payer, usually the insurer, tells Services Australia within 28 days of the judgment, settlement or reimbursement arrangement, on the notice of judgment or settlement. In a Queensland matter the payer may be the CTP insurer, WorkCover Queensland, or another defendant. The payers page says a notifiable person can be a lawyer, an insurer, a compensation payer, or a representative, administrator or agent for any of them, where the injured person has received Medicare benefits and the claim has settled or is likely to settle for more than $5,000. The lawyer names the person. The tool does not.
- A notice of past benefits is issued before judgment or settlement, lists the services, and is valid for 6 months. If judgment or settlement occurs while it is valid, it becomes the notice of charge. The notification page prefers an advance request if settlement is expected within 6 months. The charge is payable within 28 days of judgment or settlement, or within 28 days of issue where the payer waits for the charge. The page also describes a 10 per cent advance payment where its conditions are met. The lawyer chooses the path.
- The payers page sets out the compensation definition it attributes to the Health and Other Services (Compensation) Act 1995 section 4, including payments that are outside that definition. The Act section was not opened separately. The lawyer applies the list on the page. The page says it is an offence to pay the injured person before the notification conditions are met. The tool does not authorise a payment.
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 for insurers and other payers · 2026-10-23
The live task is Green. This version is Amber because each notice is checked and is received by Services Australia.
The injured person returns the Medicare history statement. The tool does not complete that statement.
Do not put the deed or the injury details into a public chatbot. Apply ASCR r 9 and APP 11, and consider Privacy Act notification.