Military Rehabilitation and Compensation Act 2004

This section applies if:

compensation under this Act or the DRCA, or a pension under the VEA, in respect of the cause of action is paid to or for the benefit of a person; and

the person later recovers damages in respect of that cause of action.

The person is liable to pay to the Commonwealth the lesser of:

an amount equal to the total of:

if the claim relates to a cause of action mentioned in subparagraph 399(a)(i) or (ii)—all amounts of compensation paid to the person under this Act before the payment of the damages (except MRCA supplement under section 221 or 245 and compensation for dependants under section 242, 253 or 255) in respect of the cause of action; or

if the claim relates to a cause of action mentioned in subparagraph 399(a)(iii) or (iv)—all amounts of compensation paid to, or for the benefit of, the person under the DRCA before the payment of the damages in respect of the cause of action; or

if the claim relates to a cause of action mentioned in subparagraph 399(a)(v)—all amounts of pension paid to the person under Part II or IV of the VEA before the payment of the damages in respect of the cause of action; and

the amount of the damages.

If the Commission is satisfied that a part of the damages does not relate to an injury, disease or death, or a loss of, or damage to, a medical aid or property, in respect of which:

compensation is payable under this Act; or

compensation is payable under the DRCA; or

a pension is payable under Part II or IV of the VEA;