Commonwealth Numbered Acts

SEAFARERS REHABILITATION AND COMPENSATION ACT 1992 No. 234, 1992 - SECT 61

61.(1) A person who would, apart from this section, be entitled to
compensation under this Act and benefits under an award in respect of the same
injury, or in respect of the same loss of, or damage to, property, is not
entitled to both but must elect whether to receive the compensation or the
benefits.

(2) An election made by an employee is irrevocable.

(3) If an employee makes an election to receive either compensation under this
Act or benefits under the award but compensation is not payable under this
Act, or benefits are not payable under the award, as the case may be, in
respect of the injury, or the loss of, or damage to, property, the election
has no effect.

(4) If an employee has made an election to receive compensation under this
Act, that compensation is not payable unless the employee makes a claim under
section 63.

(5) If an employee who has made an election dies, the election does not have
effect in relation to his or her dependants.

(6) In this section:

"award" means an award, determination or order by which provision is made for,
or in relation to, the grant of any benefits to or in relation to employees or
their dependants in respect of injury or disease causing death or incapacity,
or in respect of the loss of, or damage to, property, in circumstances
connected with the employment of those employees, being an award or order made
under a law of the Commonwealth relating to conciliation and arbitration.