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Division 4 : Avoidance of double benefits

11.2.14 Notice of proceedings against a third party

  1. This section applies if all these conditions are met.

    1. SIA or ADB is payable (or would be payable but for this Division) in relation to a member in respect of an injury.

    2. The injury happened in circumstances that appear to create a legal liability in a person (other than the Commonwealth, a Commonwealth authority or an employee of the Commonwealth) to pay damages in respect of the injury.

    3. After 9 February 1998, the member or a dependant begins proceedings to recover damages from the person.

  2. The member or dependant, as the case requires, must notify the Secretary in writing of the proceedings not later than seven days after the day the member or dependant begins the proceedings.

11.2.15 SIA or ADB not payable if damages are recovered

  1. This section applies if both these conditions are met.

    1. But for this section, SIA or ADB would be payable to a member or a dependant in respect of an injury suffered by the member.

    2. The member or dependant recovered, or recovers, damages in respect of the injury.

  2. If the member or dependant recovers damages on or after 9 February 1998, the member or dependant, as the case requires, must notify the Secretary in writing, within 28 days after the day the damages are recovered, of the recovery of the damages and the amount of damages.

  3. If SIA or ADB was paid to the member or dependant before the damages are recovered, the member or dependant, as the case requires, must repay to the Commonwealth an amount equal to the amount (if any) of SIA or ADB that, when added to the amount of SRC compensation (if any) paid to the member or dependant, does not exceed the amount of the damages.

  4. SIA or ADB is not payable to the member or dependant after the day the member or dependant recovered, or recovers, the damages.

  5. Subsection 3 does not apply if the damages were recovered in proceedings instituted by the member under section 45 of the SRC Act, or by way of a settlement of the proceedings.

  6. Subsection 4 does not apply if the damages were recovered in any of these ways.

    1. As a result of proceedings begun by the member after making an election under section 45 of the SRC Act.

    2. As a result of proceedings begun or taken over by the Commonwealth against a person (other than the Commonwealth, a Commonwealth authority or an employee of the Commonwealth).

    3. In a settlement of those proceedings.

  7. If a member or a dependant satisfies the Secretary that a part of the damages recovered by the member or dependant was not in respect of death, permanent impairment or non-economic loss as a result of the injury, this section has effect in relation to that member or dependant, as the case requires, as if the amount of the damages recovered by the member or dependant were an amount equal to so much (if any) of the damages as was in respect of death, permanent impairment or non-economic loss as a result of the injury.

  8. In this section, damages does not include an amount of damages paid to the Commonwealth under section 76 of the Veterans' Entitlements Act 1986.

11.2.16 No double benefit if State workers' compensation is received

  1. This section applies if both these conditions are met.

    1. But for this section, SIA or ADB would be payable in relation to a member or dependant in respect of an injury suffered by the member.

    2. The member or dependant received, or receives, State workers' compensation in respect of the injury.

  2. SIA or ADB is not payable in relation to the member or dependant in respect of the injury.

  3. If SIA or ADB is paid to the member or dependant before the State workers' compensation is received, the member or dependant, as the case requires, must pay back to the Commonwealth an amount equal to the amount of SIA or ADB so paid.

11.2.17 No double benefit if State compensation is received

  1. This section applies if both these conditions are met.

    1. But for this section, SIA or ADB would be payable in relation to a member or dependant in respect of an injury suffered by the member.

    2. The member or dependant received, or receives, State compensation in respect of the injury.

  2. The amount of SIA or ADB payable in relation to the member or dependant in respect of the injury is so much (if any) of the amount that would be payable but for this section as, when added to the amount (if any) of SRC compensation determined in respect of the injury in relation to the member or dependant, exceeds the amount of State compensation.

  3. If SIA or ADB is paid to the member or dependant before the State compensation is received, the member or dependant, as the case requires, must repay to the Commonwealth an amount equal to the amount (if any) of the SIA or ADB that, when added to the amount of SRC compensation (if any) determined in respect of the injury in relation to the member or dependant, does not exceed the amount of State compensation

  4. If a member or dependant satisfies the Secretary that a part of the State compensation received by the member or dependant was not in respect of death, permanent impairment or non-economic loss as a result of the injury, this section has effect in relation to that member or dependant, as the case requires, as if the amount of the State compensation received by the member or dependant were an amount equal to so much of the State compensation as was in respect of death, permanent impairment or non-economic loss as a result of the injury.

11.2.18 Statutory declaration as to State workers' compensation etc.

The Secretary may require a member or dependant to give to the Secretary a statutory declaration stating whether any damages, State workers' compensation or State compensation has been paid to, or for the benefit of, the member or dependant for an injury for which, but for section 11.2.15, 11.2.16, or 11.2.17, SIA or ADB would be payable.

See:
Section 11.2.15, SIA or ADB not payable if damages are recovered
Section 11.2.16, No double benefit if State workers' compensation is received
Section 11.2.17, No double benefit if State compensation is received

11.2.19 Reduction of SIA or ADB if similar compensation received before commencement

Nothing in this Division requires the repayment to the Commonwealth of an amount of compensation of the same kind as SIA or ADB received by a person from the Commonwealth before 9 February 1998 in respect of an injury for which SIA or ADB is payable under this Part, but the amount of SIA or ADB that would, but for this section, be payable to the person under this Part, is to be reduced by the amount of compensation of that kind already received.

11.2.20 Recovery of SIA or ADB that is repayable

The Commonwealth may recover, as a debt due to the Commonwealth in a court of competent jurisdiction, an amount of SIA or ADB repayable to the Commonwealth under section 11.2.15, 11.2.16 or 11.2.17.

See:
Section 11.2.15, SIA or ADB not payable if damages are recovered
Section 11.2.16, No double benefit if State workers' compensation is received
Section 11.2.17, No double benefit if State compensation is received

Application to Reservists: Yes.



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