10Liability of Commonwealth etc. independently of this Part

10 Liability of Commonwealth etc. independently of this Part

(1) Where, apart from this section, damages in respect of any death or injury are recoverable from the Commonwealth or a Commonwealth authority by or for the benefit of a person under this Part and such damages are also recoverable from the Commonwealth or a Commonwealth authority by or for the benefit of that person otherwise than under this Part: (a) if damages are recovered otherwise than under this Part, damages are not recoverable under this Part; and (b) if damages are recovered under this Part, the amount of damages recoverable otherwise than under this Part shall be reduced by the amount of the damages so recovered. (2) In subsection (1), damages does not include: (a) compensation under the Commonwealth Employees’ Rehabilitation and Compensation Act 1988 or the Seamen’s Compensation Act 1911; or (b) a pension under the Veterans’ Entitlements Act 1986. (3) Nothing in this section prevents the application of: (a) section Part IV of the Commonwealth Employees’ Rehabilitation and Compensation Act 1988 or section 10A of the Seamen’s Compensation Act 1911; or (b) section 74 of the Veterans’ Entitlements Act 1986; in relation to damages recovered or recoverable under this Part.