61Compensation not payable both under Act and under award

#### 61 Compensation not payable both under Act and under award (1) A person who would, apart from this section, be entitled to compensation under this Act and benefits under an award in respect of the same injury, or in respect of the same loss of, or damage to, property, is not entitled to both but must elect whether to receive the compensation or the benefits. (2) An election made by an employee is irrevocable. (3) If an employee makes an election to receive either compensation under this Act or benefits under the award but compensation is not payable under this Act, or benefits are not payable under the award, as the case may be, in respect of the injury, or the loss of, or damage to, property, the election has no effect. (4) If an employee has made an election to receive compensation under this Act, that compensation is not payable unless the employee makes a claim under section 63. (5) If an employee who has made an election dies, the election does not have effect in relation to his or her dependants. (6) In this section: > award means an award, determination, order or agreement by which provision is made for, or in relation to, the grant of any benefits to or in relation to employees or their dependants in respect of injury or disease causing death or incapacity, or in respect of the loss of, or damage to, property, in circumstances connected with the employment of those employees, being an award, determination or order made, or agreement entered into, under a law of the Commonwealth relating to workplace relations.