Document ID: chunk:federal_register_of_legislation:C2025C00175:section:48:p1
Version: federal_register_of_legislation:C2025C00175
Segment Type: section
Provision Reference: s 48 (pt 1/2)
Character Range: 180299–182760

48  Compensation not payable where damages recovered
 (1) This section applies where:
 (a) an employee recovers damages in respect of an injury to the employee or in respect of the loss of, or damage to, property used by the employee, being an injury, loss or damage in respect of which compensation is payable under this Act; or
 (b) damages are recovered by, or for the benefit of, a dependant of a deceased employee in respect of the death of the employee and compensation is payable under this Act in respect of the injury that resulted in that death.
 (2) The employee or dependant shall, not later than 28 days after the day on which the damages were recovered, notify Comcare in writing of the recovery of the damages and the amount of the damages.
Penalty: 10 penalty units.
 (2A) Subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (3) If, before the recovery of the damages by, or for the benefit of, the employee or dependant, any compensation under this Act was paid to, or for the benefit of, the employee in respect of the injury, loss or damage, or to, or for the benefit of, the dependant in respect of the injury that resulted in the death of the employee, as the case may be, the employee or dependant is liable to pay to Comcare an amount equal to:
 (a) the amount of that compensation; or
 (b) the amount of the damages;
whichever is less.
 (4) Compensation is not payable under this Act to the employee in respect of the injury, loss or damage, or to, or for the benefit of, the dependant in respect of the injury that resulted in the death of the employee, after the date on which the damages were recovered by the employee or by, or for the benefit of, the dependant, as the case may be.
 (4A) Subsection (3) does not apply if the damages were recovered in an action for non‑economic loss or by way of a settlement of such an action.
 (5) Subsection (4) does not apply if the damages were recovered:
 (a) as a result of a claim, or fresh claim, made by Comcare under section 50 (whether or not that claim progressed to the formal institution of proceedings); or
 (b) as a result of Comcare's taking over the conduct of a claim 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