With the exception of a number of circumstances as outlined in 9. [2]4.1, section 48 operates regardless of whether the dependant's action is conducted against the Commonwealth as permitted by S44(3) or against a third party responsible for the death (e.g. a person involved in a motor vehicle accident in which the employee lost his/her life).
That is, generally the operation of S48 is not altered by who/what was sued by the dependant. See 9.3 [3] above, for the effect of S48.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/20647%23comment-form
[2] https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/death-handbook/ch-9-legal-actions-respect-death/941-action-aginst-third-parties-instituted-or-taken-over-mrcc
[3] https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/death-handbook/ch-9-legal-actions-respect-death/93-actions-against-commonwealth-limitation-s48