Document ID: chunk:federal_register_of_legislation:F2016L00652:reg:53:p2
Version: federal_register_of_legislation:F2016L00652
Segment Type: reg
Provision Reference: reg 53 (pt 2/2)
Character Range: 115317–116420

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).
 (8) A reference in subsection (4) to compensation under the scheme that was paid for the benefit of a dependant does not include a reference to compensation paid under subsection 26(5).
 (9) If a covered person, or a dependant of a covered person, establishes to the satisfaction of Comcare that a part of the damages referred to in subsection (1) did not relate to an injury, loss or damage in respect of which compensation is payable under the scheme, subsection (4) applies in relation to that covered person or dependant as if the amount of the damages were an amount equal to so much of the amount of the damages as did relate to an injury, loss or damage in respect of which compensation is payable under the scheme.