---
title: "Track Medicare recovery on a WorkSafe settlement"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/notify-medicare-of-a-judgment-or-settlement-and-track-the-clearance/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-W20261018-1-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Track Medicare recovery on a WorkSafe settlement

> From the settlement or judgment, record whether the amount is over $5,000, the 28-day notice date, and whether a current notice or a 10 per cent advance is on the file.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/notify-medicare-of-a-judgment-or-settlement-and-track-the-clearance/victoria  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the settlement or judgment, record whether the amount is over $5,000, the 28-day notice date, and whether a current notice or a 10 per cent advance is on the file. The tool does not send the notice or accept a charge. |
| What the lawyer must review | On a settlement, include legal costs in the $5,000, as the Commonwealth page does. On a judgment, leave costs out. Check the WorkSafe position: the agent notifies Medicare, or pays a 10 per cent advance if there is no current notice. Check past-benefit items for treatment unrelated to the injury. Do not release funds until the charge is dealt with. Keep Medicare and clinical records in a firm-controlled tool. Apply ASCR r 9 and APP 11. |
| Written for | Victoria |
| Applies to | [Notify Medicare of a judgment or settlement and track the clearance](https://ailawframework.com/practice/personal-injury-and-compensation/notify-medicare-of-a-judgment-or-settlement-and-track-the-clearance.md) |

## Checking plan

**Verify against sources**

The lawyer checks the amount, the notice and the charge before funds are released.

- What the AI does: From the settlement or judgment, record whether the amount is over $5,000, the 28-day notice date, and whether a current notice or a 10 per cent advance is on the file. The tool does not send the notice or accept a charge.
- What the lawyer does: Confirm the notifiable person, the amount and the injury items, and authorise any notice or release.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Use more than $5,000. For a settlement, Services Australia includes legal costs. For a judgment, the same page says the amount does not include costs.
2. Diary 28 days from the judgment or settlement for the notice. The form named on the Services Australia page is the notice of judgment or settlement.
3. On a WorkSafe settlement, follow the WorkSafe page: the agent notifies Medicare, deducts a current notice of past benefits or notice of charge, or pays a 10 per cent advance if there is no current notice.
4. A notice of past benefits is valid for 6 months on the WorkSafe page. Check the date before it is treated as current.

## Notes

- This version is the WorkSafe settlement path that was opened. A Transport Accident Commission Medicare page was not opened, so TAC settlements stay on the Commonwealth notice rules only.
- WorkSafe also says impairment benefits can be caught. Confirm that on the file before treating a statutory lump sum as outside the notice.
- Keep health, wage and scheme records in a firm-controlled tool. Apply ASCR r 9 and APP 11, and consider whether any breach is notifiable under the Privacy Act 1988 (Cth).

## Practical guide

Jurisdiction: WorkSafe Victoria settlement, and the Commonwealth Medicare compensation recovery notice

**Deliverable**: A tracker of the threshold, the 28-day date and the notice or advance status.

**Inputs**

- Settlement terms or judgment, including whether costs are in the amount
- Any notice of past benefits or notice of charge
- The agent’s advice on who will notify Medicare

**Example**: Illustrative example: A WorkSafe impairment lump sum is $8,000 and there is no current notice. The tracker shows the 10 per cent advance on the WorkSafe page and the 28-day Commonwealth date. The lawyer checks the items and does not release the balance early.

**Stop and escalate when**

- The amount cannot be tied to a settlement or judgment.
- The tracker says a charge has been accepted when the items have not been checked.

Checked 2026-10-23.

## Sources

- [Services Australia: Medicare compensation recovery notification requirements](https://www.servicesaustralia.gov.au/medicare-compensation-recovery-notification-requirements?context=23211) (checked 2026-10-23)
- [WorkSafe Victoria: Medicare compensation recovery](https://www.worksafe.vic.gov.au/medicare-compensation-recovery) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Deed of release for a personal injury damages claim](https://ailawframework.com/precedents/personal-injury-and-compensation/personal-injury-deed-of-release.md) | Deed | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/personal-injury-settlement-advice-letter.md) | Letter | 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 distribution statement for a personal injury claim](https://ailawframework.com/precedents/personal-injury-and-compensation/personal-injury-settlement-distribution-statement.md) | Checklist | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/special-damages-schedule.md) | Court document | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/after-settlement-client-checklist.md) | Checklist | Yellow | What a client does after a personal injury settlement is signed: Medicare, Centrelink, the NDIS, tax, and money held for a child. It does not replace the notices sent before settlement. |
| [Services Australia information request: which official form to use](https://ailawframework.com/precedents/personal-injury-and-compensation/services-australia-information-request.md) | Checklist | Yellow | A file checklist for asking Services Australia for Medicare claims history, a notice of past benefits, or Centrelink information.… |
| [Matter closure checklist](https://ailawframework.com/precedents/personal-injury-and-compensation/firm-matter-closure-checklist.md) | Checklist | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/protected-person-funds-payment-directions.md) | Court document | Red | Payment directions for damages of a child or a person under disability or legal incapacity in Victoria, Queensland and New South Wales. The lawyer writes any order that is filed. |
| [Letter to the payer sending a personal injury deed and payment terms](https://ailawframework.com/precedents/personal-injury-and-compensation/settlement-implementation-letter-to-payer.md) | Letter | 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.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*