Document ID: chunk:federal_register_of_legislation:C2025C00186:section:118
Version: federal_register_of_legislation:C2025C00186
Segment Type: section
Provision Reference: s 118
Character Range: 217649–219900

118  Double benefits
 (1) If:
 (a) an employee recovers State workers' compensation in respect of an injury or the loss of, or damage to, property used by the employee; or
 (b) State workers' compensation is recovered by, or for the benefit of, a dependant of a deceased employee;
compensation is not payable under this Act to that employee in respect of that injury, loss or damage, or to, or for the benefit of, that dependant in respect of the injury that resulted in the death.
 (2) If, after any compensation has been paid by the Commonwealth under this Act:
 (a) to an employee in respect of an injury or the loss of, or damage to, property used by the employee; or
 (b) to, or for the benefit of, a dependant of a deceased employee;
any State workers' compensation is recovered by the employee in respect of that injury, loss or damage or to, or for the benefit of, the dependant in respect of the injury that resulted in the death, as the case may be, the MRCC may, on behalf of the Commonwealth, recover the amount of compensation paid by the Commonwealth from the person to whom it was paid in a court of competent jurisdiction as a debt due to the Commonwealth.
 (3) If the MRCC has received a claim, the MRCC may require the claimant to give it a statutory declaration stating whether any State workers' compensation has been paid to or in respect of the claimant in respect of the injury or loss of, or damage to, property, as the case may be, to which the claim relates.
 (4) Where a claimant for compensation refuses or fails, without reasonable excuse, to give a statutory declaration under subsection (3), the claimant's rights to compensation under this Act in respect of the injury or loss of, or damage to, property to which the claim relates, and to institute or continue any proceedings under this Act in relation to that compensation, are suspended until the statutory declaration is given.
 (5) Where a claimant's right to compensation is suspended under subsection (4), compensation is not payable in respect of the period of the suspension.
 (6) In this section:
State workers' compensation means compensation recoverable under a law of a State or of a Territory, or of a foreign country, relating to workers' compensation.