Document ID: chunk:federal_register_of_legislation:C2025C00186:section:48:p2
Version: federal_register_of_legislation:C2025C00186
Segment Type: section
Provision Reference: s 48 (pt 2/2)
Character Range: 154779–156589

under that section; or
 (c) as a result of an action for non‑economic loss; or
 (d) by way of a settlement of such a claim or of such an action (whether or not that claim or that action progressed to the formal institution of proceedings).
 (6) A reference in subsection (3) to compensation under this Act that was paid for the benefit of a dependant does not include a reference to compensation paid under subsection 17(5).
 (7) Where an employee, or a dependant of an employee, establishes to the satisfaction of the MRCC that a part of the damages referred to in subsection (1) did not relate to an injury, loss or damage in respect of which compensation is payable under this Act, subsection (3) applies in relation to that employee or dependant as if the amount of the damages were an amount equal to so much of the amount of the damages as did relate to an injury, loss or damage in respect of which compensation is payable under this Act.
 (8) Subsections (3) and (4) do not apply where the damages are recovered on or after the commencement of this section in respect of a claim for damages made before that day (whether or not legal proceedings were instituted) but section 99 (other than subsection 99(1)) of the 1971 Act, as in force immediately before that day, continues to apply as if:
 (b) references in that section to the Commissioner were references to the MRCC;
 (c) references in that section to compensation payable under the 1971 Act were references to compensation payable under this Act; and
 (d) the reference in subsection 99(9) to subsection 43(5) or (7) of the 1971 Act were a reference to subsection 17(5) of this Act.
 (9) In this section, damages does not include an amount of damages paid to the Commonwealth in accordance with section 76 of the Veterans' Entitlements Act 1986.