Workers Compensation Act 1958

Where personal injury is caused to a worker which gives him a right to claim compensation or a right of action in respect of any injury under the law of any State (other than Victoria) territory or country under such circumstances that if he had no such right to claim compensation or right of action he or his dependants would be entitled to compensation under this Act, the worker and in the case of the death of the worker his dependants shall—

subject to subsection (4), where no compensation or damages has already been paid or recovered and no award of compensation or judgment for damages has already been made given or entered in respect of the injury under any law of any State (other than Victoria) territory or country—be entitled to compensation in accordance with the provisions of this Act as if he or his dependants had no such right to claim compensation or right of action under the law of any State (other than Victoria) territory or country;

subject to paragraph (e), where compensation or damages has already been paid or recovered or an award of compensation or judgment for damages has already been made given or entered in respect of the injury under any law of any State (other than Victoria) territory or country and the amount of compensation or damages paid or the award or judgment is equal to, or exceeds, the compensation which would have been payable under this Act if he or his dependants had no such right to claim compensation or right of action under the law of any State (other than Victoria) territory or country—not be entitled to compensation under this Act;

where compensation or damages has already been paid or recovered for an award of compensation or judgment for damages has already been made given or entered in respect of the injury under any law of any State (other than Victoria) territory or country and the amount of compensation or damages paid or the award or judgment is less than the compensation which would have been payable under this Act if no compensation or damages or award or judgment in his favour had been made given or entered in respect of the injury under any law of any State (other than Victoria) territory or country—be entitled to compensation being an amount equal to the difference between the amount of compensation or damages paid or of the award or judgment and the amount of compensation which would have been payable under this Act if he or his dependants had no right to claim compensation or right of action under any law of any State (other than Victoria) territory or country;

subject to paragraph (e), where a payment into court has been accepted by the worker or his dependants in proceedings or a settlement or compromise of a claim has been made in respect of the injury under any law of, or in, any State (other than Victoria) territory or country and the amount of the payment into court settlement or compromise is equal to, or exceeds, the compensation which would have been payable under this Act if he or his dependants had no such right to claim compensation or right of action under the law of any State (other than Victoria) territory or country—not be entitled to compensation under this Act;

where a judgment or order for damages has been satisfied only in part, or where a payment into court has been accepted by the worker or his dependants in proceedings or a settlement or compromise of a claim has been made in respect of the injury under any law of, or in, any State (other than Victoria) territory or country and the amount of the judgment or order satisfied, payment into court, settlement or compromise of the claim is less than the compensation which would have been payable under this Act if no judgment or order, payment into court, settlement or compromise had been made in respect of the injury under any law of, or in, any State (other than Victoria) territory or country—be entitled to an amount of compensation equal to the difference between the amount of the judgment or order satisfied, payment into court, settlement or compromise and the amount of compensation which would have been payable under this Act if he or his dependants had no right to claim compensation or right of action under the law of any State (other than Victoria) territory or country.

If a person receives compensation under any provision of this Act in respect of any injury and subsequently compensation or damages are obtained by him or an award of compensation or damages in his favour is made given or entered or a payment into court is accepted by him or a claim is settled or compromised in his favour in respect of the injury under any law of, or in, any State (other than Victoria) territory or country then the employer shall be entitled to recover from that person the amount of the compensation paid by the employer pursuant to this Act or an amount equal to the compensation or damages or payment obtained or made settled or compromised (whichever is the lesser amount).

Any dispute under subsection (2) shall be determined by the County Court or Administrative Appeals Tribunal whose decision shall be final.

Where any person has a right to claim compensation or a right of action in respect of any injury under the law of, or in, any State (other than Victoria) territory or country he shall not be entitled to claim compensation in respect of the injury under this Act unless he makes a statutory declaration setting out any amounts of compensation or damages already paid or recovered, any award or compensation or judgment for damages already made given or entered, any payment into court he has accepted, or any settlement or compromise of any claim, or any claim for compensation or action for damages pending in respect of the injury under the law of, or in, any State (other than Victoria) territory or country.

Any amount recovered or to be recovered by a worker under the law of any State (other than Victoria) territory or country as compensation or damages in respect of personal injury shall be presumed, unless the worker produces satisfactory evidence to the contrary, to be compensation or damages for the same injury in respect of which the worker claims compensation or a right of action under this Act.

Compensation shall not be payable pursuant to this section or section 5 if compensation has already been paid or is payable under any scheme certified under the Workers' Compensation Act 1928.