New South Wales Consolidated Acts

WORKERS COMPENSATION ACT 1987 - SECT 58

58 Refund of weekly payments paid after return to work etc

(1) If, because of a worker's return to employment or a change in employment that affects the worker's earnings--

(a) the worker is not entitled under this Act to any weekly payments of compensation that have been paid to the worker, or

(b) the amount of any weekly payments of compensation that have been paid to the worker exceed the amount to which the worker is entitled under this Act (including under the former Act),

the Commission may order the worker to refund to the person who made the payments any amount to which the worker is not entitled in respect of payments during any period not exceeding 2 years (or such shorter or longer period as the Commission considers to be appropriate) from the date of payment.

(2) Any such refund may, in accordance with the terms of the Commission's order, be deducted from future weekly payments of compensation to the worker or be recovered as a debt in a court of competent jurisdiction.

(3) This section applies even though the weekly payments of compensation are payable under an interim payment direction by the President.

(4) Without limiting this section, the Commission may make such orders as the Commission thinks fit for the adjustment of weekly payments of compensation to a worker to take account of any overpayments made to the worker (whether or not in the circumstances referred to in subsection (1)) in respect of any previous period.

(5) In this section--

(a) a reference to the worker's return to employment includes a reference to the worker's commencing employment, and

(b) a reference to employment includes a reference to employment in the worker's own business.

(6) A court before which proceedings for an offence under section 57 are taken against a person may, on the application of the Authority (whether or not the person is convicted of the offence), make any order that it is satisfied the Commission could make under this section as a result of the return to employment or change in employment to which the alleged offence relates. The standard of proof that applies in connection with an application under this subsection is proof on the balance of probabilities.

(7) The power conferred on a court by subsection (6) is subject to the following limitations--

(a) it does not authorise the making of an order providing for the refund to be deducted from any future weekly payments of compensation to the extent that they are payable under an award of the Commission,

(b) it does not authorise the making of an order of the kind described in subsection (4).

(8) An order under subsection (6) is enforceable as a civil debt and may be recovered as such in any court of competent jurisdiction by the person to whom the order requires payment to be made.

(9) The Local Court cannot order the payment of an amount under subsection (6) that when added to the amount of any penalty imposed for the offence concerned would exceed an amount equivalent to 500 penalty units.

(10) This section does not limit any other right of recovery that a person may have against another person in respect of any overpayment of compensation to that other person.