Workers Compensation Act 1958

Where in an action for damages brought by a worker independently of this Act in respect of injury to the worker against a person for whose acts or defaults the employer of the worker is not responsible an amount is lodged or paid into court by or on behalf of that person in accordance with the Rules of the Court in which the action was brought and the amount is accepted by the worker, the worker shall refund immediately to the person by whom the compensation was paid where that person has not recovered and is not entitled to recover under section 8 from the Motor Accidents Board, an amount equivalent to the amounts of payments of compensation received under this Act in respect of the injury or the amount accepted, whichever is the lesser.

Where pursuant to the provisions of subsection (1) moneys are required to be refunded but are not refunded in accordance with that subsection, the person entitled to the refund may recover the money in any court of competent jurisdiction as a civil debt recoverable summarily.

Notwithstanding anything to the contrary in this Act the employer shall not be indemnified in respect of any moneys already paid by him to the worker by way of compensation under this Act where the worker is required to refund an amount equivalent to those moneys pursuant to subsection (1).