Document ID: chunk:federal_register_of_legislation:C2024C00866:section:5nb:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 5NB (pt 1/4)
Character Range: 192832–195569

5NB  Compensation recovery definitions
 (1) In this Act, unless the contrary intention appears:
average weekly earnings, in relation to a lump sum preclusion period, means the amount:
 (a) estimated as the average total weekly earnings, during a particular month, of all employees (all persons) in Australia; and
 (b) last published by the Australian Statistician before the lump sum compensation payment became payable.
Note: For lump sum preclusion period see subsections 59Q(3) to (7).
compensation has the meaning given by subsection (2).
Note: See also section 59O.
compensation affected pension means:
 (a) an invalidity service pension payable to a person who has not reached pension age; or
 (b) a partner service pension payable to a person who has not reached pension age; or
 (c) income support supplement payable to a person who has not reached qualifying age; or
 (d) a veteran payment payable to a person who has not reached pension age (within the meaning of subsections 5QB(2), (3), (4) and (5)); or
 (f) an education entry payment payable to a person who:
 (i) is receiving invalidity service pension or partner service pension; or
 (ii) is receiving income support supplement and has not reached qualifying age.
Note 1: For pension age see sections 5QA and 5QB.
Note 2: For qualifying age see section 5Q.
compensation part, in relation to a lump sum compensation payment, has the meaning given by subsections (7) and (8).
compensation payer means:
 (a) a person who is liable to make a compensation payment; or
 (b) an authority of a State or Territory that has determined that it will make a payment by way of compensation to another person, whether or not the authority is liable to make the payment.
event that gives rise to a person's entitlement to compensation has the meaning given by subsection (11).
periodic payments period means:
 (a) the period to which a periodic compensation payment, or a series of periodic compensation payments, relates; or
 (b) in the case of a payment of arrears of periodic compensation payments—the period to which those payments would have related if they had not been made by way of arrears payment.
potential compensation payer means a person who, in the Commission's opinion, may become a compensation payer.
receives compensation has the meaning given by subsection (10).

Compensation
 (2) For the purposes of Part IIIC, compensation means:
 (a) a payment of damages or compensation; or
 (b) a payment under a scheme of insurance or compensation under a law of the Commonwealth or of a State or Territory, or under a contract entered into under such a scheme; or
 (c) a payment (with or without admission of liability) in settlement of a claim for damages or of a claim under