Legislation In Brief

1988 ACT SECTION

DESCRIPTION

44

Section 44 provides that the Commonwealth cannot be sued for damages (having regard to section 45) for a compensable condition, or any subsequent loss of, or damage to, an employee's property.

45

This section is the only section under which the Commonwealth may be sued.

Where an employee suffers a permanent impairment resulting from a compensable condition, he or she may elect to be awarded a lump sum payment or institute proceedings against the Commonwealth.

46

Once proceedings against a third party are instituted, notice must be provided to Comcare under this section, within 7 days.

47

Once proceedings against the Commonwealth (with regard to section 45) are instituted, notice must be provided to Comcare under this section, within 7 days.

48

This section provides that an employee or dependant must advise within 28 days when settlement has occurred, must repay any compensation paid up to the date of settlement and ceases to be entitled to further compensation payments.

Proceedings under section 45 (permanent impairment linked) and section 99 (repealed damages provisions) of the 1971 Act are excluded from this provision.

49

Section 49 refers to cases of multiple dependency in death cases.

The section ensures that one dependant is not able to claim compensation on behalf of a deceased employee while another institutes proceedings for damages, thus 'splitting' the claim and providing a dual payment.

50

Where an employee or dependant does not institute proceedings against a third party, section 49 provides that Comcare may commence proceedings on his or her behalf.

51

Section 51 provides that a liable third party is required to repay Comcare for any monies paid out for the employee's compensation claim.

119

Section 119 is only used where a State jurisdiction is responsible as a third party insurer.  Damages are recovered under section 119 rather than 48.

1971 ACT SECTION

DESCRIPTION

99

Section 99 provides that an employee or dependant may recover damages from the Commonwealth or any other person.  Repayment of compensation to date of settlement is required and any balance of settlement is offset against future compensation entitlements.

If settlement money is completely used when repaying Comcare, the employee or dependant becomes entitled to compensation once more.

100

Section 100 refers to cases of multiple dependency in death cases.

The section ensures that one dependant is not able to claim compensation on behalf of a deceased employee while another institutes proceedings for damages, thus 'splitting' the claim and providing a dual payment.

101

Where an employee or dependant does not institute proceedings against a third party, section 101 provides that Comcare may commence proceedings on his or her behalf, or request the employee or dependant to commence proceedings.

102

Section 102 provides that a liable third party is required to repay Comcare for any monies paid out for the employee's compensation claim.