Document ID: chunk:federal_register_of_legislation:C2025C00162:section:17:p4
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 17 (pt 4/5)
Character Range: 266132–268850

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
 (3) Subject to subsection (4), for the purposes of this Act, 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
 (ab) 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
 (b) if those circumstances do not apply—so much of the payment as is, in the Secretary's opinion, in respect of lost earnings or lost capacity to earn, or both.
 (4) Where a person:
 (a) has received periodic compensation payments; and
 (b) after receiving those payments, receives a lump sum compensation payment (in this subsection called the LSP); and
 (c) because of receiving the LSP, becomes liable to repay an amount (in this subsection called the Repaid Periodic Compensation Payment—RPCP) equal to the periodic compensation payments received;
then, for the purposes of subsection (3), the amount of the lump sum compensation payment is:

 (4A) For the purposes of this Act, a payment of arrears of periodic compensation payments is not a lump sum compensation payment.

Receives compensation
 (5) 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.
 (5A) For the purposes of subsection (2B) of this section and Part 3.14, the event that gives rise to a person's entitlement to compensation for a disease, injury or condition is:
 (a) if the disease, injury or condition was caused by an accident—the accident; or
 (b) in any other case—the disease, injury or condition first becoming apparent;
and is not, for example, the decision or settlement under which the compensation is payable.

Insurer
 (6) A reference in Part 3.14 to an insurer who is, under a contract of insurance, liable to indemnify