Australian Capital Territory Current Acts

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No ACT compensation if external compensation received

    (1)     Compensation under this Act ( ACT compensation ) is not payable in relation to a worker's injury to the extent that compensation ( external compensation ) under the workers compensation law of an external Territory or a place outside Australia has been received in relation to the same injury.

    (2)     If a person receives ACT compensation from an employer in relation to a worker's injury and later receives external compensation in relation to the same injury, the employer is entitled to recover from the person the recoverable amount.

    (3)     For subsection (2), the lesser of the following amounts is the recoverable amount:

        (a)     the amount of ACT compensation;

        (b)     the amount of external compensation.

    (4)     If an amount of ACT compensation is paid in relation to a lump sum claim, subsection (3) (a) applies as if the reference to the amount of ACT compensation paid by the employer included a reference to any legal costs as between party and party that the employer is liable to pay in relation to the claim.

    (5)     An employer cannot recover an amount under this section in relation to an injury if the employer has recovered an amount under section 184 (No compensation if damages received) in relation to the same injury.

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