Authority to access a claim - Medicare Compensation Recovery 011-15040120

Actions on a compensation claim

Table 1

Note: a claimant may authorise a solicitor or lawyer to act on their behalf on a MO021 form. This is different to being appointed by law to manage a person’s affairs.

This party can	Injured person	Parent	Legal representative (not solicitor – see note)	Authorised third party	Government regulatory authority	Compensation agent
be the compensable person	Yes	No	No	No	No	No
be the claimant	Yes - if 14 or over and mentally capable of managing their own affairs	Yes - if injured person is under 14 or not mentally capable of managing their own affairs	Yes	Yes	No	No
be the compensation payer	No	No	No	No	Yes	Yes
be the insurer	No	No	No	No	Yes	Yes
be the notifiable person	No	No	No	No	Yes	Yes
be the representative organisation	No	No	No	No	Yes	Yes
pay notice of charge to the agency	Yes - conditions apply	Yes - conditions apply	Yes - conditions apply	Yes - conditions apply	Yes	Yes
pay advance payment to the agency	No	No	No	No	Yes	Yes
receive updates on claim processing from the agency	Yes - if claimant	Yes - if claimant	Yes - if claimant	Yes - if a valid Third party authority (MO021) form is held on the claim	Yes - if no advance payment	Yes - if no advance payment
receive advance payment refund from the agency	Yes - if claimant	Yes - if claimant	Yes - if claimant	Yes - If MO024 form is provided with a trust account	No	No
receive notice of charge refund from the agency	Yes - conditions apply	Yes - conditions apply	Yes - conditions apply	No	Yes	Yes
receive ad hoc refund from the agency	Yes - conditions apply	Yes - conditions apply	Yes - conditions apply	No	Yes	Yes

Accepted documents to authenticate a third party acting on behalf of a minor

These parties to a compensation claim are not defined in Part 1, Section 3 of the HOSC Act. However, where relevant they assume HOSC Act roles.

Table 2

Scenario	Authorised person/s	Evidence & action required (if applicable)
Minor under 14 years of age on the same Medicare card as the parent or guardian and on no other cards	Parent or guardian Linked on Medicare card	Medicare card
Minor under 14 years on the same Medicare card as the parent or guardian as well as their own Medicare card	State appointed authority/legal guardian	Guardianship or court order Note: do not use Medicare card as evidence, minor could be under Child Protection.
Minor under 14 years on a different Medicare card as the parent or guardian	State appointed authority/legal guardian Parent/guardian (with relevant evidence provided)	Guardianship or court order Supporting documentation from state appointed authority/legal guardian, or Commonwealth of Australia Statutory Declaration (in consultation with Program Management)
Minor under 14 years of age where a Power of Attorney, Executor, Public Trustee or other trustee is acting on their behalf	State appointed authority/legal guardian	Guardianship or court order Probate or Letters of Administration, or Documentation from the Public Trustee
Minor under 14 years of age on their own Medicare card and no claimant is named	Minor - acting as an independent	None required
Minor is under 14 years of age and no claimant is named	Claimant	Details of the person making the claim on behalf of the minor must be given Reject – request details of the claimant be provided No provisional WIN to be registered. Courtesy call made to sender to advise that form cannot be actioned until a completed form with claimant/supporting evidence is provided NCRI notes to be left on minor’s record stating actions taken Issue We are unable to process (Z2802) letter, only if appropriate to issue to notifiable person
Minor over 14 years of age on the same Medicare card as the parent or guardian where the authority was signed when the minor was under 14 years of age	Parent/guardian Injured person/minor over 14 years of age can aurhorise a third party on a Medicare Compensation Recovery Third Party authority (MO021) form	Accept – implied authority until the minor: turns 18 years of age, or revokes the authority verbally or in writing or submits a new Medicare Compensation Recovery Third Party authority (MO021) form
Minor over 14 years of age on the same Medicare card as the parent or guardian where the authority was signed after the minor turned 14 years	Parent/guardian	Signed authority from minor requesting parent/guardian act on their behalf
Minor over 14 years of age on the same Medicare card as the parent or guardian where there is no signed authority	Injured person Parent/guardian or authorised third party if requested and MO021 signed by injured person	Signed authority from minor requesting parent/guardian or solicitor to act on their behalf
Minor over 14 years of age on their own Medicare Card	Injured person Authorised third party if requested and MO021 signed by injured person	Signed authority from minor requesting authorised third party to act on their behalf
Minor is over 14 years of age and is not mentally or physically capable of handling their own affairs. A parent or guardian, Power of Attorney, Executor, Public Trustee or other trustee has been appointed	Parent/guardian, Power of Attorney, Executor, or trustee	Supporting document from parent/guardian, Power of Attorney, Executor, or trustee Guardianship or court order Documentation from the Public Trustee, or Commonwealth of Australia Statutory Declaration
Minor is over 14 years of age who is not physically or mentally capable of handling their affairs and has a claimant under 18 years	Claimant under 18 years	Accept if supporting documents are received, or Reject if no supporting documents received – request documents be provided Guardianship or court order Documents from Public Trustee, or Commonwealth of Australia Statutory Declaration (in consultation with Program Management)

Contact details

Medicare Compensation Recovery

Release of information

Subpoena team email

Forms

Medicare Compensation Recovery Notice of Judgment or Settlement form (MO022)

Third party authority form (MO021)

Operational Information

Authority to access a claim - Medicare Compensation Recovery 011-15040120