Document ID: chunk:federal_register_of_legislation:C2024C00866:section:5nb:p3
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 5NB (pt 3/4)
Character Range: 197691–200360

is a reference to a personal injury suffered, or a disease or condition contracted, as a result of the commission of an offence.

Compensation part of a lump sum
 (7) Subject to subsection (8), for the purposes of Part IIIC, the compensation part of a lump sum compensation payment is:
 (a) 50% of the payment if the following circumstances apply:
 (i) the payment is made (either with or without admission of liability) in settlement of a claim that is, in whole or in part, related to a disease, injury or condition; and
 (ii) the claim was settled, either by consent judgment being entered in respect of the settlement or otherwise; or
 (b) 50% of the payment if the following circumstances apply:
 (i) the payment represents that part of a person's entitlement to periodic compensation payments that the person has chosen to receive in the form of a lump sum; and
 (ii) the entitlement to periodic compensation payments arose from the settlement (either with or without admission of liability) of a claim that is, in whole or in part, related to a disease, injury or condition; and
 (iii) the claim was settled, either by consent judgment being entered in respect of the settlement or otherwise; or
 (c) if paragraphs (a) and (b) do not apply—so much of the payment as is, in the Commission's opinion, in respect of lost earnings or lost capacity to earn, or both.
 (8) If a person:
 (a) has received periodic compensation payments in respect of lost earnings or lost capacity to earn; and
 (b) after receiving those payments, receives a lump sum compensation payment in respect of the lost earnings or lost capacity to earn (the LSP); and
 (c) because of receiving the LSP, becomes liable to repay an amount (the Repaid Periodic Compensation Payment—RPCP) equal to the periodic compensation payments received;
then, for the purposes of subsection (7), the amount of the lump sum compensation payment is:

 (9) For the purposes of Part IIIC, a payment of arrears of periodic compensation payments is not a lump sum compensation payment.
Note: For the treatment of a payment of arrears of periodic compensation payments where, at the time of the event that gave rise to the compensation payments, the person was receiving a payment under this Act that is covered by Part IIIC, see point SCH6‑E4.

Receives compensation
 (10) A person receives compensation whether he or she receives it directly or whether another person receives it, on behalf of, or at the direction of the first person.

Event giving rise to entitlement
 (11) For the purposes of Part IIIC, the event that gives rise to a person's entitlement to compensation for a disease, injury or condition is: