Document ID: chunk:federal_register_of_legislation:C2025C00186:section:51:p2
Version: federal_register_of_legislation:C2025C00186
Segment Type: section
Provision Reference: s 51 (pt 2/2)
Character Range: 166094–167847

to a dependant of a deceased employee in proceedings arising out of a claim made in respect of the death of the employee, where that death resulted from an injury in respect of which an amount of compensation has been paid under this Act;
the MRCC may, by notice in writing given to the person, require the person to pay to the Commonwealth so much of the amount of the damages as does not exceed the amount that would be payable by the employee or dependant to the Commonwealth under section 48 or 49 if the damages had been paid to or in respect of the employee or dependant.
 (3) Where, before a notice under subsection (2) was received by a person, the person had paid to or in respect of the employee or dependant, all or part of the damages to which the notice related:
 (a) if all of the damages had been paid—the notice has no force or effect; or
 (b) if part only of the damages had been paid—the reference in that subsection to the amount of the damages shall be read as a reference to so much of that amount as had not been paid.
 (4) If a person fails to pay an amount to the Commonwealth in accordance with a notice under this section, the MRCC may, on behalf of the Commonwealth, recover that amount from the person in a court of competent jurisdiction as a debt due to the Commonwealth.
 (5) The payment of an amount to the Commonwealth by a person in accordance with a notice under this section is, to the extent of the amount paid, a discharge of the liability of that person to the employee or dependant and of the liability (if any) of the employee or dependant to the Commonwealth under section 48 or 49.
 (6) In this section:
person does not include the Commonwealth, a Commonwealth authority, a licensed corporation or an employee.