South Australian Repealed Acts

This legislation has been repealed.

WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 55

55—Prohibition of double recovery of compensation

        (1)         Compensation under this Act is not payable in respect of an injury to the extent that compensation has been received in respect of the same injury under the laws of a place other than this State (whether within or outside Australia).

        (2)         If a person receives compensation under this Act in respect of an injury and, in respect of the same injury, subsequently receives compensation under the laws of a place other than this State (whether within or outside Australia), the person from whom compensation under this Act is received may, in a court of competent jurisdiction, sue and recover (as a debt) from the person the amount described in subsection (2a)

.

        (2a)         The amount that is recoverable under subsection (2)

is—

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

            (b)         the amount of compensation received under the laws of the place other than this State,

whichever is less.

        (3)         The fact that compensation or damages in respect of an injury have been recovered under a foreign law is a bar to the recovery of compensation in respect of the same injury under this Act.