Section 11 — National Disability Insurance Scheme Act 2013: Definitions relating to compensation

(1) In this Act: compensation means a payment (with or without admission of liability) in respect of: (a) compensation or damages in respect of personal injury; or (b) personal injury, under a scheme of insurance or compensation under a Commonwealth, State or Territory law, including a payment under a contract entered into under such a scheme; or (c) personal injury, in settlement of a claim for damages or a claim under such an insurance scheme; that is wholly or partly in respect of the cost of supports that may be provided to a participant (whether or not specifically identified as such). It does not matter whether the payment is made directly to the person who sustained the personal injury or to another person in respect of that person. (2) A payment referred to in subsection (1) may be: (a) in the form of a lump sum or in the form of a series of periodic payments; and (b) made within or outside Australia. (3) In this Act, a reference to an insurer who is, under a contract of insurance, liable to indemnify a compensation payer or a potential compensation payer includes a reference to an authority of a State or Territory: (a) that is liable to indemnify a compensation payer or a potential compensation payer against such a liability, whether under a contract, law or otherwise; or (b) that determines to make a payment to indemnify a compensation payer or a potential compensation payer against such a liability, whether or not the authority is liable to do so.