54Dependants not claiming compensation

54  Dependants not claiming compensation

 (1) For the purposes of this section, a dependant of a deceased covered person is a prescribed dependant of the deceased covered person if:

 (a) compensation is payable under the scheme in respect of an injury that resulted in the death of the covered person; and

 (b) no claim for compensation under the scheme has been made by, or on behalf of, the dependant in respect of the injury; and

 (c) damages in respect of the death of the covered person are recovered by or for the benefit of the dependant.

 (2) If there is only one prescribed dependant of the deceased covered person, he or she is liable to pay to the Commonwealth the lesser of the following:

 (a) the amount of the compensation referred to in paragraph (1)(a) (subject to subsection (5));

 (b) the amount of the damages recovered by the prescribed dependant.

 (3) If there is more than one prescribed dependant of the deceased covered person, each prescribed dependant is liable to pay to the Commonwealth the lesser of the following:

 (a) the adjusted compensation amount for that prescribed dependant worked out under subsection (4);

 (b) the amount of the damages recovered by that prescribed dependant.

 (4) The adjusted compensation amount for a prescribed dependant is the amount worked out using the formula:

View image in the official source

AC is the amount of the compensation referred to in paragraph (1)(a) (subject to subsection (5)).

D1 is the amount of the damages recovered by the prescribed dependant in respect of the death of the covered person.

D2 is the total amount of the damages recovered by all prescribed dependants of the deceased covered person in respect of the death of the covered person.

 (5) For the purposes of this section, the amount of the compensation referred to in paragraph (1)(a):

 (a) does not include:

 (i) any amount of compensation that the Commonwealth is liable to pay for the benefit of a dependant of the deceased covered person, if the dependant is not entitled to recover damages in respect of the death of the covered person (whether by reason of the operation of a statute of limitations or otherwise); or

 (ii) any amount of compensation payable under subsection 26(5); and

 (b) is taken to be reduced by any amount that a dependant of the deceased covered person is liable to pay to the Commonwealth under section 53.