6.3 Common Law Recoveries

Section 45 of the SRCA permits employees eligible for compensation under Ss24, 25 or 27 to institute proceedings against the Commonwealth, Commonwealth authority, licensed corporation or other employee before any payment is made under these sections.

Should such action be taken no permanent impairment payment is to be made. The file, including R&C ISH records are to be noted that civil action has been instituted and the clients legal representative informed of the overall interest DVA has in the proceedings.

Where damages have been recovered in respect of a 1971 Act injury, section 99 of that Act provides that the person is required to repay the compensation paid to the date of settlement (in respect of that injury). The settlement money left over is offset against future compensation entitlements. However if the person can show evidence the settlement money has been exhausted on injury-related costs, they will again be entitled to compensation. See Chapter 48 of the General Handbook for more information.