Commonwealth Numbered Acts

SEAFARERS REHABILITATION AND COMPENSATION ACT 1992 No. 234, 1992 - SECT 55

55.(1) If:

   (a)  compensation is payable under section 39, 40 or 41 in respect of an
        injury to an employee; and

   (b)  the employee's employer or another employee would, apart from
        subsection  54(1) , be liable for damages for any non-economic loss
        suffered by the employee because of the injury; the employee may make
        an election in accordance with subsection (2) to institute an action
        or proceeding against the employer or other employee for damages for
        that non-economic loss.

(2) An election:

   (a)  must be made before an amount of compensation is paid to an employee
        under section 39, 40 or 41 in respect of the injury; and

   (b)  must be given to the employer in respect of the injury; and

   (c)  must be in writing.

(3) An election is irrevocable.

(4) If an employee makes an election:

   (a)  subsection 54(1) does not apply in relation to an action or other
        proceeding subsequently instituted by the employee against the
        employer or another employee for damages for the non-economic loss to
        which the election relates; and

   (b)  compensation is not payable after the date of the election under
        section  39 , 40 or 41 in respect of the injury.

(5) In any action or proceeding instituted because of an election made by an
employee, the court is not to award the employee damages of an amount
exceeding $138,570.52 for any non-economic loss suffered by the employee.