Australian Capital Territory Numbered Acts

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WORKERS' COMPENSATION (AMENDMENT) (NO. 27 OF 1997) - SECT 6

Substitution

6. Section 23 of the Principal Act is repealed and the following section substituted:

“23. (1) Compensation is not payable under this Act in respect of an injury to a worker to the extent to which—

        (a)     workers' compensation for that injury has been paid under the law of a place outside the Territory; or

        (b)     a judgment or agreement for damages has been obtained in respect of the injury from the worker's employer independently of this Act.

“(2) If a worker or a dependant of a worker obtains compensation under this Act in respect of an injury to the worker, and, subsequently in respect of the injury, the person to whom that compensation was paid obtains workers' compensation under a law of a place outside the Territory, or obtains from the worker's employer a judgment or agreement for damages independently of this Act, the employer is entitled to recover from that person an amount equal to the least of the following amounts:

        (a)     the amount of the compensation obtained under this Act;

        (b)     if the person has obtained workers' compensation under a law of a place outside the Territory in respect of the injury—the amount of the compensation, unless paragraph (d) applies;

        (c)     if the person has obtained a judgment or agreement for damages independently of this Act in respect of the injury—the amount of the judgment or agreement, unless paragraph (d) applies;

        (d)     if the person has obtained both workers' compensation under a law of a place outside the Territory, and a judgment or agreement for damages independently of this Act, in respect of the injury—the net amount to which the person is entitled under that law in respect of the compensation and the damages.”.



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