Section 114

Section 114 of the Act provides the legislative basis for Comcare to recover overpaid monies (a “debt due to the Commonwealth”).

This may either be done by recovery:

• from future entitlements [subsection 114 (2)]; or

• in a Court of law where no future compensation entitlement exists [subsection 114 (1)].

However, while the latter point is legislated and can be undertaken as a final measure, recovery procedures we have in place, where future compensation entitlements are unlikely, negate the need for such an expensive and serious measure.