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SEAFARERS REHABILITATION AND COMPENSATION ACT 1992 No. 234, 1992 - SECT 139

Compensation where State compensation payable
139.(1) If State compensation is paid to, or for the benefit of, anyone for:

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

   (b)  the loss of, or damage to, property used by an employee; the
        compensation payable under this Act to, or for the benefit of, that
        person for the injury, loss or damage is the amount (if any) worked
        out using the formula:
           Unadjusted amount    -    Amount of State

            of compensation           compensation
where:

"Unadjusted amount of compensation" means the amount of compensation that
would, apart from this subsection, be payable under this Act to, or for the
benefit of, the person for the injury, loss or damage;

"Amount of State compensation" means the amount of State compensation paid to,
or for the benefit of, the person.

(2) If:

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

   (b)  State compensation is later paid to, or for the benefit of, the same
        person for that injury, loss or damage; the person is liable to pay to
        the employer an amount equal to:

   (c)  the amount of the compensation paid under this Act; or

   (d)  the amount of the State compensation; whichever is less.

(3) If:
(a) a person ("the debtor") is liable to pay an amount to a employer under
this section; and

   (b)  the employer, or anyone else, holds on behalf of the debtor:

        (i)    an amount of compensation payable under this Act for the
               benefit of the debtor; or

        (ii)   an amount of State compensation payable to the debtor; or

        (iii)  investments acquired out of such compensation; the employer or
               other person must:

   (c)  deduct from the amount so held, or realise those investments so held
        and deduct from the proceeds of the realisation, an amount that is not
        more than the amount referred to in paragraph (a); and

   (d)  pay the amount so deducted to the employer.

(4) The payment of an amount to an employer under subsection (3) is, to the
extent of the amount paid, a discharge of:

   (a)  the liability of the debtor to the employer; and

   (b)  the liability of the other person to the debtor.

(5) A reference in subsection (2) to compensation under this Act that was paid
for the benefit of a person does not include a reference to compensation paid
under subsection 29(5).

(6) If the whole or part of the State compensation referred to in subsection
(1) received by, or on behalf of, a person did not relate to an injury, loss
or damage, for which compensation is payable under this Act, this section has
effect in relation to that person as if the person had received, by way of
State compensation, an amount equal to so much (if any) of the amount of
compensation the person actually received as did relate to such an injury,
loss or damage.

(7) In this section:

"specified law" means a law of a State or a Territory that provides for the
payment of compensation, other than workers' compensation, and is declared by
the Minister, by written notice, to be a specified law for the purposes of
this section;

"State compensation" means compensation recoverable under a specified law. 


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