54Entitlement to compensation under other laws

54 Entitlement to compensation under other laws (1) This section applies where, as a result of an injury caused to a worker, the worker or his or her dependants: (a) are entitled to: (i) compensation or damages under an applicable law; or (ii) a benefit from a superannuation scheme established under an applicable law, other than a benefit financed by an employer's contributions made under an industrial award or agreement or by the worker's contributions; and (b) would, but for this section, be entitled to compensation under this Part. (2) A person is not entitled to compensation under this Part if, in respect of the injury: (a) compensation or damages have been paid or recovered under the applicable law; or (b) an award of compensation or judgment for damages has been made, given or entered under the applicable law.

Return to Work Act 1986 43 (3) Where, in respect of the injury: (a) a person receives compensation under this Part; and (b) the person: (i) is paid or recovers compensation or damages under the applicable law; (ii) obtains an award of compensation or judgment for damages under the applicable law; (iii) accepts a payment into court, or settles or compromises a claim, under the applicable law; or (iv) is paid or is entitled to receive a benefit from a superannuation scheme established under the applicable law (other than a benefit financed by an employer's contributions made under an industrial award or agreement or by the worker's contributions) because of incapacity resulting from the injury, the worker's employer is entitled to recover from that person the amount determined in pursuance of subsection (4). (4) The amount entitled to be recovered under subsection (3) is the amount determined by a Fellow of the Institute of Actuaries of Australia to be: (a) the discounted present value of compensation paid or payable to the person under this Part; or (b) equal to the amount of the compensation, damages, payment, settlement, compromise or benefit paid or payable to the person under the applicable law, whichever is the lesser. (5) Where: (a) compensation or damages are received or are to be received by a person under an applicable law in respect of an injury to a worker; and (b) a claim for compensation under this Part is made by a person in respect of an injury to the same worker,

Return to Work Act 1986 44 unless the contrary is proved, it is to be presumed that the claim for compensation under this Part is in respect of the same injury as the compensation or damages received or to be received under the applicable law. (6) In this section, applicable law means: (a) a law of the Territory other than this Act; (b) a law of the Commonwealth; or (c) a law in force in a place outside the Territory.