139Compensation where State compensation payable

#### 139 Compensation where State compensation payable (1) If State compensation is paid to, or for the benefit of, anyone for: (a) an injury suffered by an employee or a deceased employee; or (b) the loss of, or damage to, property used by an employee; the compensation payable under this Act to, or for the benefit of, that person for the injury, loss or damage is the amount (if any) worked out using the formula:  where: > Unadjusted amount of compensation means the amount of compensation that would, apart from this subsection, be payable under this Act to, or for the benefit of, the person for the injury, loss or damage. > Amount of State compensation means the amount of State compensation paid to, or for the benefit of, the person. (2) If: (a) an employer pays compensation under this Act to, or for the benefit of, anyone for an injury suffered by an employee, or a deceased employee, or for the loss of, or damage to, property used by the employee; and (b) State compensation is later paid to, or for the benefit of, the same person for that injury, loss or damage; the person is liable to pay to the employer an amount equal to: (c) the amount of the compensation paid under this Act; or (d) the amount of the State compensation; whichever is less. (3) If: (a) a person (the debtor) is liable to pay an amount to an employer under this section; and (b) the employer, or anyone else, holds on behalf of the debtor: (i) an amount of compensation payable under this Act for the benefit of the debtor; or (ii) an amount of State compensation payable to the debtor; or (iii) investments acquired out of such compensation; the employer or other person must: (c) deduct from the amount so held, or realise those investments so held and deduct from the proceeds of the realisation, an amount that is not more than the amount referred to in paragraph (a); and (d) pay the amount so deducted to the employer. (4) The payment of an amount to an employer under subsection (3) is, to the extent of the amount paid, a discharge of: (a) the liability of the debtor to the employer; and (b) the liability of the other person to the debtor. (5) A reference in subsection (2) to compensation under this Act that was paid for the benefit of a person does not include a reference to compensation paid under subsection 29(5). (6) If the whole or part of the State compensation referred to in subsection (1) received by, or on behalf of, a person did not relate to an injury, loss or damage, for which compensation is payable under this Act, this section has effect in relation to that person as if the person had received, by way of State compensation, an amount equal to so much (if any) of the amount of compensation the person actually received as did relate to such an injury, loss or damage. (7) In this section: > specified law means a law of a State or 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 section. > State compensation means compensation recoverable under a specified law.