Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) An
out‑patient shall for the purpose of the payment of the charges
prescribed in Schedule 1 Division 3 and in any determination under
regulation 5 in respect of him be classified as —
(a) a
compensable out‑patient, namely, an out‑patient who has received
or established his right to receive in respect of any injury, illness or
disease for which he is receiving care and treatment payment by way of
compensation or damages (including payment in settlement of a claim for
compensation or damages) under the law that is or was in force in a State or
Internal Territory or who on attendance at a hospital appears prima facie to
have the right to receive any such payment in respect of an injury, illness or
disease for which he is receiving care and treatment, including a person in
respect of the payment for whose care and treatment —
(i)
the Workers’ Compensation and Injury Management
Act 1981 2 ; or
(ii)
the Motor Vehicle (Third Party Insurance) Act 1943 ;
or
(iii)
section 31A of the Act; or
(iv)
the law of Australia relating to the Defence Force within
the meaning of the Defence Act 1903 of the Commonwealth,
applies or appears
prima facie to apply; or
(ab) a
war service veteran out‑patient, namely, an out‑patient who is a
war service veteran; or
(b) an
eligible out‑patient, namely, an
out‑‑patient —
(i)
who is an eligible person; but
(ii)
who is not a compensable out‑patient or war service
veteran out‑patient;
or
(c) an
ineligible out‑patient, namely, an out‑patient —
(i)
who is not an eligible person; and
(ii)
who is not a compensable out‑patient or war service
veteran out‑patient;
or
(d) a
concessional beneficiary, namely, an out‑‑patient who is a
concessional beneficiary as defined by section 84 of the National Health
Act or a dependant as defined by that section of such a concessional
beneficiary; or
(e) a
pensioner, namely, an out‑patient who holds a pensioner concession card
or a dependant (as defined by the National Health Act section 84) of such
an out‑patient.
(2) At the time of
—
(a)
attendance at a hospital for the purposes of receiving a pathology service
provided by the hospital as an out‑patient service; or
(b)
receiving a pathology service provided by a hospital elsewhere than at the
hospital,
or as soon as
practicable after that time, an eligible person (not being a compensable
patient or a war service veteran), a concessional beneficiary or a pensioner
may elect to be treated as a private pathology out‑patient for the
purpose of that pathology service.
(3) If a person makes
an election under subregulation (2), then —
(a) the
person is classified as a private pathology out‑patient for the purpose
of the payment of any charge for that pathology service determined under
regulation 5(2)(f); and
(b)
despite subregulation (1)(b), (d) and (e), the person is not classified
as an eligible out‑patient, concessional beneficiary or pensioner (as
the case may be) for that purpose.
[Regulation 9 amended in Gazette
26 Sep 1986 p. 3686; 24 Jun 1994 p. 2873;
29 Jun 2004 p. 2526; 24 Feb 2012
p. 806‑7.]