Commonwealth Numbered Acts

SEAFARERS REHABILITATION AND COMPENSATION ACT 1992 No. 234, 1992 - SECT 138

138.(1) If State workers' compensation is paid to, or for the benefit of,
anyone for:

   (a)  an injury suffered by an employee or deceased employee; or

   (b)  for the loss of, or damage to, property used by an employee;
        compensation is not payable under this Act for that injury, loss or
        damage.

(2) If:

   (a)  an employer has paid compensation to, or for the benefit of, anyone
        under this Act for an injury suffered by an employee or a deceased
        employee, or for the loss of, or damage to,
        property used by an employee; and

   (b)  State workers' compensation is paid to, or for the benefit of, that
        person for the injury, loss or damage; the employer may recover an
        amount equal to that compensation mentioned in paragraph (a) from the
        person to whom it was paid as a debt.

(3) A person who has been given a claim may ask the claimant to give the
person a statutory declaration stating whether any State workers' compensation
has been paid to the claimant, or to anyone else, for the injury, loss or
damage to which the claim relates.

(4) If a claimant, without reasonable excuse, does not give a statutory
declaration under subsection (3), the claimant's rights to compensation under
this Act for the injury, loss or damage to which the claim relates, and to
institute or continue any proceedings under this Act in relation to that
compensation, are suspended until the declaration is given.

(5) If a claimant's right to compensation is suspended under subsection (4),
compensation is not payable in respect of the period of the suspension.

(6) In this section:

"State workers' compensation" means compensation recoverable under a law of a
State or a Territory relating to workers' compensation.