Cessation of benefits
5.6.2A Cessation of benefits
S. 5.6.2A inserted by No. 58/2007 s. 39.
If judgment is obtained, or a compromise or settlement is made, in respect of proceedings referred to in section 134AB(1) of the Accident Compensation Act 1985 in respect of an injury, the Authority or the Crown as the employer is not liable—
where pecuniary loss damages (within the meaning of section 134AB of the Accident Compensation Act 1985) are awarded, to make payments under section 93CA, 93CB, 93CC, 93E or 93EA of that Act in respect of the injury; or
where pain and suffering damages (within the meaning of section 134AB of the Accident Compensation Act 1985) are awarded, to make payments under section 98C or 98E of that Act in respect of the injury.
S. 5.6.2A(1A) inserted by No. 67/2013 s. 649(Sch. 9 item 13(6)).
If judgment is obtained, or a compromise or settlement is made, in respect of proceedings referred to in section 326 of the Workplace Injury Rehabilitation and Compensation Act 2013 in respect of an injury, the Authority or the Crown as the employer is not liable—
where pecuniary loss damages (within the meaning of section 325 of the Workplace Injury Rehabilitation and Compensation Act 2013) are awarded, to make payments under section 164, 169 or 170 of that Act in respect of the injury; or
where damages for pain and suffering (within the meaning of section 325 of the Workplace Injury Rehabilitation and Compensation Act 2013) are awarded, to make payments under Division 5 of Part 5 of that Act in respect of the injury.
This section applies only in respect of proceedings issued after the commencement of section 39 of the Education and Training Reform Miscellaneous Amendments Act 2007.
This Act’s bill:Explanatory memorandumSecond reading speech
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