Victorian Consolidated Regulations

COUNTRY FIRE AUTHORITY REGULATIONS 2014 - REG 77

    (1)     If, in respect of a personal injury—

        (a)     compensation is paid under this Division; and

        (b)     an award of damages or compensation is paid by or on behalf of, or a compromise or settlement is reached with, a person or body other than the Authority––

the member or person to whom the compensation is paid must pay to the Authority an amount equal to––

        (c)     if the amount paid under the award, compromise or settlement exceeds the amount of compensation paid under this Division, the total amount of compensation received under this Division; or

        (d)     if the amount paid under the award, compromise or settlement is equal to or less than the amount of compensation paid under this Division, the proportion of the amount of compensation received under this Division (including medical and like expenses paid by the Authority) that is determined by the Authority.

    (2)     The Authority may recover money payable to the Authority under subregulation (1) in a court of competent jurisdiction as a debt due to the Authority.

    (3)     If, in respect of a personal injury—

        (a)     compensation is payable under this Division; and

        (b)     an award of damages or compensation is paid by or on behalf of, or a compromise or settlement is reached with, a person or body other than the Authority—

the entitlement under this Division of the member or the person to whom compensation is payable is to be reduced by an amount equal to the amount paid under the award, compromise or settlement paid to the member or person.

    (4)     If, in respect of a personal injury—

        (a)     compensation is payable under these Regulations; and

        (b)     an award of damages is paid by or on behalf of the Authority––

then the following apply in respect of that personal injury—

        (c)     there is no entitlement to compensation under this Division in respect of that personal injury;

        (d)     if any amount has been paid in compensation under these Regulations before the award of damages, an amount equal to the amount paid in compensation must be deducted from the amount of damages recoverable from the Authority.

    (5)     This regulation does not apply to a compromise or settlement reached in respect of a personal injury sustained before 1 July 2014.