56Payment of damages by persons to the Commonwealth

56  Payment of damages by persons to the Commonwealth

 (1) If a person (the liable person), other than the Commonwealth or a covered person, appears to be liable:

 (a) to pay damages to a covered person in respect of an injury to the covered person, or in respect of the loss of, or damage to, property used by the covered person, being an injury, loss or damage in respect of which an amount of compensation has been paid under the scheme; or

 (b) to pay damages to a dependant of a deceased covered person in respect of the death of the covered person, where that death resulted from an injury in respect of which an amount of compensation has been paid under the scheme;

Comcare may, by notice in writing given to the liable person, require that:

 (c) if the liable person agrees to pay damages to the covered person in respect of the injury, loss or damage or to the dependant in respect of the death; or

 (d) if damages against the liable person are awarded to the covered person in proceedings arising out of a claim made in respect of the injury, loss or damage, or to the dependant in proceedings arising out of a claim made in respect of the death;

the liable person pay to the Commonwealth so much of the amount of the damages as does not exceed the amount that would be payable by the covered person or dependant to the Commonwealth under section 53 or 54 if the damages had been paid to the covered person or dependant.

 (2) Subject to subsection (3), if:

 (a) a person (the liable person), other than the Commonwealth or a covered person, has agreed:

 (i) to pay damages to a covered person in respect of an injury to the covered person, or in respect of the loss of, or damage to, property used by the covered person, being an injury, loss or damage in respect of which an amount of compensation has been paid under the scheme; or

 (ii) to pay damages to a dependant of a deceased covered person in respect of the death of the covered person, where that death resulted from an injury in respect of which an amount of compensation has been paid under the scheme; or

 (b) damages against a person (the liable person), other than the Commonwealth or a covered person, have been awarded:

 (i) to a covered person in proceedings arising out of a claim made in respect of an injury to the covered person or in respect of the loss of, or damage to, property used by the covered person, being an injury, loss or damage in respect of which an amount of compensation has been paid under the scheme; or

 (ii) to a dependant of a deceased covered person in proceedings arising out of a claim made in respect of the death of the covered person, where that death resulted from an injury in respect of which an amount of compensation has been paid under the scheme;