Document ID: chunk:federal_register_of_legislation:C2006A00030:clause:2_23a:p1
Version: federal_register_of_legislation:C2006A00030
Segment Type: clause
Provision Reference: sch 2 cl 23A (pt 1/2)
Character Range: 15961–18673

23A  Repayment of salary, wages or pay, and re‑crediting of paid leave, where compensation claim successful

 (1) This section applies if:
 (a) an employee makes a claim for compensation under this Division; and
 (b) before or after the employee does so, the Commonwealth makes a payment (the Commonwealth salary etc. payment) to the employee by way of salary, wages or pay in relation to the whole or part of a day in the pre‑determination period; and
 (c) Comcare determines that the employee is entitled to the compensation.

 (2) The employee must repay the Commonwealth salary etc. payment.

 (3) The amount repayable must be set off:
 (a) if paragraph (b) does not apply—by Comcare against any amount of compensation payable under this Division to the employee in respect of the injury concerned; or
 (b) if, under subsection 112A(3) or 112B(3), Comcare advises the employee's employer of its intention to make a payment (the advised payment) to the employer in respect of the compensation—by the employer against any amount payable under subsection 112A(4) (the subsection 112A(4) payment) or 112B(4) by the employer to the employee as a result.

Note: If the amount of the Commonwealth salary etc. payment is less than the amount of compensation, the balance of the compensation will still be payable after a set‑off.

 (4) To the extent that the amount repayable is set off, Comcare is taken for the purposes of this Act (other than section 90C) to have made a payment in discharge of its liability to pay the compensation.

 (5) If Comcare sets the amount off, it must make a payment to the employer of an amount equal to the amount it sets off.

 (6) If:
 (a) the employer made the Commonwealth salary etc. payment out of public money; and
 (b) either:
 (i) paragraph (3)(a) applies and the employer receives the payment mentioned in subsection (5) from Comcare; or
 (ii) paragraph (3)(b) applies and the employer makes the subsection 112A(4) payment before it receives the advised payment from Comcare;
when the payment or the advised payment is received from Comcare, it is taken for the purposes of section 30 of the Financial Management and Accountability Act 1997 to be a repayment of the Commonwealth salary etc. payment.

 (7) To avoid doubt, if the employer made the Commonwealth salary etc. payment out of public money, when the employer receives the advised payment mentioned in paragraph (3)(b) or the payment mentioned in subsection (5) from Comcare, the payment becomes public money.

 (8) To the extent that the amount repayable is not set off under subsection (3), it may be recovered by the Commonwealth as a debt due to the Commonwealth by action in a court of competent jurisdiction.