53Compensation not payable if damages recovered

53  Compensation not payable if damages recovered

 (1) This section applies if:

 (a) a covered person recovers damages in respect of:

 (i) an injury to the covered person; or

 (ii) the loss of, or damage to, property used by the covered person;

  in respect of which compensation is payable under the scheme; or

 (b) damages are recovered by, or for the benefit of, a dependant of a deceased covered person in respect of the death of the covered person, and compensation is payable under the scheme in respect of the injury that resulted in that death.

Notification

 (2) The covered person or dependant must, not later than 28 days after the day on which the damages were recovered, notify Comcare in writing of the recovery of the damages and the amount of the damages.

 (3) A person commits an offence of strict liability if:

 (a) the person is subject to a requirement under subsection (2); and

Penalty: 10 penalty units.

Damages recovered

 (4) If, before the recovery of the damages by, or for the benefit of, the covered person or dependant, any compensation under the scheme was paid:

 (a) to, or for the benefit of, the covered person in respect of the injury, loss or damage; or

 (b) to, or for the benefit of, the dependant in respect of the injury that resulted in the death of the covered person;

as the case may be, the covered person or dependant is liable to pay to the Commonwealth an amount equal to the lesser of the following:

 (c) the amount of the compensation;

 (d) the amount of the damages.

 (5) Compensation is not payable under the scheme:

 (a) to the covered person in respect of the injury, loss or damage; or

 (b) to, or for the benefit of, the dependant in respect of the injury that resulted in the death of the covered person;

after the date on which the damages were recovered by the covered person or by, or for the benefit of, the dependant, as the case may be.

 (6) Subsection (4) does not apply if the damages were recovered in an action for non‑economic loss or by way of a settlement of such an action.

 (7) Subsection (5) does not apply if the damages were recovered:

 (a) as a result of a claim, or fresh claim, made by Comcare under section 55 (whether or not that claim progressed to the formal institution of proceedings); or

 (b) as a result of Comcare’s taking over the conduct of a claim under that section; or

 (c) as a result of an action for non‑economic loss; or