Commonwealth Consolidated Acts

SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 23A

  (1)   This section applies if:

  (a)   an employee makes a claim for compensation under this Division; and

  (b)   before or after the employee does so, the Commonwealth makes a payment (the Commonwealth salary etc. payment ) to the employee by way of salary, wages or pay in relation to the whole or part of a day in the pre - determination period; and

  (c)   Comcare determines that the employee is entitled to the compensation.

  (2)   The employee must repay the Commonwealth salary etc. payment.

  (3)   The amount repayable must be set off:

  (a)   if paragraph   (b) does not apply--by Comcare against any amount of compensation payable under this Division to the employee in respect of the injury concerned; or

  (b)   if, under subsection   112A(3) or 112B(3), Comcare advises the employee's employer of its intention to make a payment (the advised payment ) to the employer in respect of the compensation--by the employer against any amount payable under subsection   112A(4) (the subsection   112A(4) payment ) or 112B(4) by the employer to the employee as a result.

Note:   If the amount of the Commonwealth salary etc. payment is less than the amount of compensation, the balance of the compensation will still be payable after a set - off.

  (4)   To the extent that the amount repayable is set off, Comcare is taken for the purposes of this Act (other than section   90C) to have made a payment in discharge of its liability to pay the compensation.

  (5)   If Comcare sets the amount off, it must make a payment to the employer of an amount equal to the amount it sets off.

  (6)   If:

  (a)   the employer made the Commonwealth salary etc. payment out of relevant money; and

  (b)   either:

  (i)   paragraph   (3)(a) applies and the employer receives the payment mentioned in subsection   (5) from Comcare; or

  (ii)   paragraph   (3)(b) applies and the employer makes the subsection   112A(4) payment before it receives the advised payment from Comcare;

when the payment or the advised payment is received from Comcare, it is taken to be a repayment of the Commonwealth salary etc. payment and the receipt of an amount for the purposes of section   74 of the Public Governance, Performance and Accountability Act 2013 .

  (8)   To the extent that the amount repayable is not set off under subsection   (3), it may be recovered by the Commonwealth as a debt due to the Commonwealth by action in a court of competent jurisdiction.

  (9)   If the Commonwealth salary etc. payment was in respect of leave of absence granted to the employee, the employer must restore the employee's leave credit.