97Provisions relating to the payment of compensation

97 Provisions relating to the payment of compensation

(1) Except as provided in section 96, regard shall not be had, in respect of the entitlement to, or amount of, compensation under this Part, to any sum paid or payable—

(a) under any contract of assurance or insurance (including a contract made with any friendly or other benefit society or association or any trade union); or

S. 97(1)(b) amended by No. 50/1994
s. 40(1).

(b) out of any relief or sustentation fund or other fund (whether statutory or otherwise) of the like nature; or

S. 97(1)(c) substituted by No. 9/2010 s. 42 (as amended by No. 80/2010 s. 159(g)).

(c) by way of accident make-up pay under any industrial award; or

S. 97(1)(d) inserted by No. 9/2010 s. 42 (as amended by No. 80/2010 s. 159(g)).

(d) in lieu of accrued annual leave or long service leave.

S. 97(2) amended by Nos 67/1992
s. 78(1)(c), substituted by No. 50/1994
s. 40(2), amended by
s. 30(8), 81/1998 s. 23(a), 8/2024 s. 30(1).

(2) If a worker who is receiving weekly payments ceases to reside in Australia, his or her entitlement to weekly payments ceases unless the worker has before leaving Australia satisfied the Authority or self-insurer that the worker—

S. 97(2)(a) inserted by No. 8/2024 s. 30(1).

S. 97(2)(b) inserted by No. 8/2024 s. 30(1), amended by No. 27/2025 s. 47.

(b) in the case of a worker whose second entitlement period expires on or after 31 March 2024 and who is receiving weekly payments after the second entitlement period, has a whole person impairment of more than 20 per cent, determined in accordance with Subdivision 1A of Division 2 of Part 5 of the Workplace Injury Rehabilitation and Compensation Act 2013.

S. 97(2AA) inserted by No. 7/1996 s. 21(1), amended by
s. 30(8), 81/1998 s. 23(a).

(2AA) If a worker ceases to reside in Australia and subsequently claims to be entitled to the payment of weekly payments, the worker must in addition to establishing his or her entitlement satisfy the Authority or self-insurer that the worker has no current work capacity and is likely to continue indefinitely to have no current work capacity.

S. 97(2AAB) inserted by No. 8/2024 s. 30(2), amended by No. 27/2025 s. 47.

(2AAB) If a worker who ceases to reside in Australia is receiving weekly payments and the worker's second entitlement period expires on or after 31 March 2024, the worker's entitlement to weekly payments ceases upon the expiry of the second entitlement period unless the Authority or self-insurer determines in accordance with Subdivision 1A of Division 2 of Part 5 of the that the worker—