119Compensation where State compensation payable

#### 119 Compensation where State compensation payable (1) If: (a) an employee recovers State compensation in respect of an injury to the employee or in respect of the loss of, or damage to, property used by the employee; or (b) State compensation is recovered by, or for the benefit of, a dependant of a deceased employee; the succeeding provisions of this section have effect. (2) Subject to this section, the compensation that is payable under this Act to the employee in respect of the injury, loss or damage, or for the benefit of the dependant in respect of the injury that resulted in the death, as the case may be, is so much (if any) of the compensation under this Act that, but for this section, would be so payable as exceeds the amount of State compensation recovered by the employee or by, or for the benefit of, the dependant, as the case may be. (3) Subject to this section, if, before the recovery of State compensation by or for the benefit of the employee or dependant, compensation under this Act was paid to the employee by the Commonwealth in respect of the injury, loss or damage, or for the benefit of the dependant in respect of the injury that resulted in the death, as the case may be, the employee or dependant is liable to pay to the Commonwealth: (a) the amount of the compensation paid by it under this Act; or (b) the amount of the State compensation recovered by the employee or for the benefit of the dependant; whichever is less. (4) Where: (a) a person (in this subsection called the debtor) is liable to pay an amount to the Commonwealth under this section; and (b) any other person holds on behalf of the debtor: (i) money, being compensation payable under this Act for the benefit of, or State compensation payable to, the debtor; or (ii) investments acquired out of money of a kind referred to in subparagraph (i); the other person shall: (c) deduct from the money so held, or realise those investments so held and deduct from the proceeds of the realisation, an amount not exceeding the amount referred to in paragraph (a); and (d) pay the amount so deducted to the Commonwealth; and the payment of that amount is, to the extent of the amount paid, a discharge of the liability of the debtor to the Commonwealth and of the other person to the debtor. (5) A reference in subsection (3) to compensation under this Act that was paid for the benefit of a dependant does not include a reference to compensation paid under subsection 17(5). (6) Where an employee, or a dependant of an employee, establishes, to the satisfaction of the Commonwealth, that the whole or part of the State compensation referred to in subsection (2) recovered by the employee or by, or on behalf of, the dependant, as the case may be, did not relate to an injury, loss or damage, in respect of which compensation is payable under this Act, this section has effect in relation to that employee or that dependant, as the case may be, as if the amount of the State compensation recovered by that employee or that dependant were an amount equal to so much (if any) of the amount of the specified compensation as did relate to an injury, loss or damage, in respect of which compensation is payable under this Act to that employee or that dependant, as the case may be. (7) In this section: > specified law means a law of a State or of a Territory that provides for the payment of compensation, other than workers’ compensation, and is declared by the Minister, by legislative instrument, to be a specified law for the purposes of this Act. > State compensation means compensation recoverable under a specified law.