Document ID: chunk:federal_register_of_legislation:F2025C00160:reg:3:p216
Version: federal_register_of_legislation:F2025C00160
Segment Type: reg
Provision Reference: reg 3 (pt 216/293)
Character Range: 2773617–2776688

or their resident family, as the case requires, must repay an amount equal to the amount (if any) of the SIA or ADB that, when added to the amount of SRC compensation (if any) determined in respect of the injury in relation to the member or their resident family, does not exceed the amount of State compensation
4.  If a member or their resident family satisfies the Secretary that a part of the State compensation received by the member or their resident family was not in respect of death, permanent impairment or non-economic loss as a result of the injury, this section has effect in relation to that member or their resident family , as the case requires, as if the amount of the State compensation received by the member or  their resident family were an amount equal to so much of the State compensation as was in respect of death, permanent impairment or non-economic loss as a result of the injury.

11.2.18 Statutory declaration as to State workers' compensation etc.

   The Secretary may require a member or  their resident family to give to the Secretary a statutory declaration stating whether any damages, State workers' compensation or State compensation has been paid to, or for the benefit of, the member or  their resident family for an injury for which, but for section 11.2.15, 11.2.16, or 11.2.17, SIA or ADB would be payable.

11.2.19 Reduction of SIA or ADB if similar compensation received before commencement

1.  Under this Division, a person is not required to repay an amount of compensation of the same kind as SIA or ADB that meets the following.
    a.                                                                                                                                               It was paid before 9 February 1998.
    b.                                                                                                                                               It was paid in respect of an injury for which SIA or ADB is payable under this Part.
2.  The amount of SIA or ADB payable to a person under this Part is reduced by the amount of compensation a person has received under subsection 1.

11.2.20 Recovery of SIA or ADB that is repayable

   The amount of SIA or ADB repayable under section 11.2.15, 11.2.16 or 11.2.17 is recoverable in a court of competent jurisdiction as a debt due to the Commonwealth.

Division 5: Authorisation of payment and review of decisions

11.2.21 Payment of SIA or ADB

1.  The Secretary may authorise the payment to a person of an amount of SIA or ADB payable under this Part in relation to a member.
2.  Without limiting the discretion of the Secretary under subsection 1, the Secretary may refuse to authorise a payment to a person if the person meets either of these conditions.
    a.                                                                                                                                                                                           They failed, without reasonable excuse, to notify the Secretary under Division 4 section 11.2.14 of