The Gazette 1986

sep T em BER 1986

GAZETTE

It is clear from the foregoing, firstly, that the Health Board has no option in the matter and, where the injury is the result of the negligent use of a mechanically propelled vehicle, must make a charge even though, had the injury occurred in other circumstances, no charge might have been possible. Furthermore, the obligation on the part of the Health Board to make such a charge exists not only where damages or compensation have actually been recovered but where the injured person, his personal representative or dependant is entitled to receive damages or compensation. While it is true that the Act further provides that the Health Board may waive the whole or part of a charge, it is not mandatory on it to do so. It would seem that under these provisions an injured person might very well be compelled to pay a charge (notwithstanding his possible entitlement to free treatment under the Health Acts in other circumstances) and only some time later, when it becomes clear that he is unable to recover damages or compensation, either at all or in full, would part or all of the charge be reimbursed, provided the Health Board decides to waive the same. It will be remembered that prior to Cooke -v- Walsh the charge made by a Health Board was not (as one might have expected) the ordinary charge made to a private patient receiving treatment in hospital, but the full economic cost of maintaining an injured person in hospital. This in fact was a very much higher figure. The Act does not state expressly what charge should be made, but the possibility obviously exists that a full economic charge may again be sought. It is submitted the provisions of the Act apply only in cases where the injury was sustained after the Act came into force (7 May, 1986). It is further submitted that the provisions of the Health (Amendment) Act, 1986, are by their very nature discriminatory against persons who are injured by the negligent use of mechanically propelled vehicles in a public place and, indeed, the owners/drivers of those vehicles, and accordingly that the foregoing provisions of the Act may very well be found to be unconstitutional if and when tested in the Supreme Court. •

(c) In respect of loss or diminution of expectation of life. (e) In so far as injuries sustained on or after 1 April, 1986, are concerned in respect of pain and suffering. • Summons Servers Ltd. Internationally represented in over 40 countries. Summons Servers Limited is available for service of all Court Documents, Summons, Petitions, Citations, Probate, Debtors Summons throughout Ireland and under Order 11 R.S.C. for Out of Jurisdiction Cases on a wor l dwi de basis. Ri chmond Chambers, 101 Ri chmond Road, Dr umcond r a, Dub l in 3. Tel: 3 6 0 1 2 4 / 5 - 3 7 1 9 0 6 . A subsidiary of K Security Private Investigations Ltd WHERE THERE'S A WILL THIS IS THE WAY... When a client makes a will in favour of the Society, it would be appreciated if the bequest were stated in the followingwords: "I deviseandbequeath the sum of Founds to the Irish CancerSocietyLimited to be appliedby it forany of the charitable objects of the Society as it, the Society, at its absolute discretion, maydecide

All monies received by the Society are expended within the Republic of Ireland.

Criminal Injuries Compensation Tribunal

"Conquer Cancer Campaign" is a Registered Business Name and is used by the Society for some fund raising

purposes. The "Cancer Research Advancement Board"allocates all Research Grants

IRISH CANCER SOCIETY 5 Northumberland Road Dublin 4 Ireland Tel: 681855

Members are advised that a scheme of compensation for personal injuries criminally inflicted has been changed from 1 April, 1986. Compensation to be awarded by the Tribunal will be on the same basis as damages awarded under the Civil Liability Acts except that compensation will not be payable: (a) By way of exemplary, vindictive or aggravated damages. (b) In respect of the maintenance of any child bom to any victim of a sexual offence.

on behalf of the Society.

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