Section 48 (9)

Section 48 (9) provides that regard should not be had to damages paid to the Commonwealth under the provisions of section 76 of the Veterans' Entitlements Act 1986.  They do not constitute 'damages' for the purposes of the SRC Act 1988.

Section 76 of the Veterans' Entitlements Act 1986 deals with recovery of money by the Department of Veterans' Affairs from a third party settlement to a Defence force member or a member of a peace keeping force, or dependant of a deceased member.

Cases involving that eligibility are uncommon but this provision exists so that Comcare and the Department of Veterans' Affairs cannot recover the same amount of damages twice.