Document ID: chunk:federal_register_of_legislation:C2025C00116:section:60:p2
Version: federal_register_of_legislation:C2025C00116
Segment Type: section
Provision Reference: s 60 (pt 2/2)
Character Range: 128844–130331

employee, if that death resulted from an injury in respect of which an amount of compensation has been paid under this Act;
the employer may, by notice in writing given to the person, require the person to pay to the employer so much of the amount of the damages as does not exceed the amount that would have been payable by the employee or dependant to the employer under section 58 if the damages had been paid to or in respect of the employee or dependant.
 (3) If, 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 is to 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 employer in accordance with a notice under this section, the employer may recover that amount from the person as a debt due to the employer.
 (5) Payment of an amount to the employer 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 employer under section 58.
 (6) In this section:
person does not include the employer or an employee.