The Defence Determination contains provisions similar to those in the SRCA relating to damages claimed from a third person (other than the Commonwealth) and to State compensation. The SIA is not payable in respect of an injury for which a person has recovered damages or received State compensation.
If the SIA has been paid before the damages or State compensation are paid then the SIA can be recovered. The amount that can be recovered cannot exceed that part of the damages or State compensation that was awarded in respect of the death, permanent impairment or non-economic loss.
The provisions relating to the avoidance of double benefits do not apply to any payments that were made on an ex-gratia basis. Consequently, an ex-gratia payment cannot be recovered even if damages or State compensation are paid.