6Liability of Commonwealth independently of Commonwealth Employees’ Compensation Act

6 Liability of Commonwealth independently of Commonwealth Employees’ Compensation Act

(1) Where: (a) after the commencement of this Act, personal injury by accident is caused to a person to whom this Act applies, or a person to whom this Act applies is suffering from a disease, or the death of a person to whom this Act applies is caused by a disease; (b) section 9 or 10 of the Commonwealth Employees’ Compensation Act, in its application to and in relation to that person by virtue of the last preceding section, applies, subject to that Act, in relation to the injury, disease or death; and (c) if the person to whom this Act applies, and all other persons (including members of the naval, military or air forces of the United States of America) employed by the Government of the United States of America in or in connexion with the establishment, maintenance or operation of the Station, had, at all relevant times, been employed by the Commonwealth instead of by the Government of the United States of America, he or she, or, in the event of his or her death, another person, would have been entitled, independently of the Commonwealth Employees’ Compensation Act, to recover from the Commonwealth damages in respect of his or her injury, disease or death; he or she or that other person may, subject to this section, recover like damages from the Commonwealth. (2) Where: (a) on or after the twenty‑ninth day of August, One thousand nine hundred and sixty‑six, and before the commencement of this Act, personal injury by accident was caused to a person, or a person was suffering from a disease, or the death of a person was caused by a disease; and (b) he or she or another person would, if this Act had come into operation on that date and the reference in the definition of the Commonwealth Employees’ Compensation Act in section three of this Act to the Commonwealth Employees’ Compensation Act 1930‑1967 had been a reference to the Commonwealth Employees’ Compensation Act 1930‑1964, have been entitled to recover damages from the Commonwealth under the last preceding subsection in respect of the injury, disease or death; he or she or that other person may, subject to the next succeeding subsection, recover those damages from the Commonwealth. (3) Where, in respect of the injury, disease or death of a person, that person or another person is, under either of the last two preceding subsections, entitled to recover damages from the Commonwealth, the Commonwealth has, in respect of any claim for those damages, in any suit brought to recover those damages and in respect of any damages paid by it in consequence of such a claim or suit, the same rights (including any right to recover the whole or a part of the damages from another person) as if the first‑mentioned person, and all other persons (including members of the naval, military or air forces of the United States of America) employed by the Government of the United States of America in or in connexion with the establishment, maintenance or operation of the Station, had at all relevant times been employed by the Commonwealth instead of by the Government of the United States of America. (4) This section, in its application to a person to whom this Act applies, shall not be construed as affecting the operation of section 17A of the Commonwealth Employees’ Compensation Act in the application of that Act, by virtue of the last preceding section, to and in relation to that person.