ACTIn ForceAct
Workers Compensation Act 1951
135Order for refund of overpayments of compensation
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135 Order for refund of overpayments of compensation
(1) This section applies to a payment to a person (an overpayment),
purportedly made because of an obligation arising under this Act, to
which the person is not entitled under this Act.
(2) However, this section only applies if the court before which a
proceeding for a Criminal Code offence is taken against the person is
satisfied on the balance of probabilities that the person has received
an overpayment as a result or partly as a result of the act or omission
that is alleged to constitute the offence.
(3) The court may, on the application of the employer or licensed insurer
(whether or not the person is convicted of the offence), order the
person to refund the amount of the overpayment to the person who
made the payment.
(4) Unless the compensation is payable under an award of a court, the
refund may be deducted from future payments of compensation in
accordance with the terms of the court’s order.
(5) Subsection (3) applies even if the compensation is weekly
compensation that is payable under a direction of a conciliator.
(6) This section does not limit any other right of recovery that a person
may have against someone else in relation to an overpayment to the
other person.
Criminal Code offence means an offence against the Criminal Code
that relates to—
(a) completing, keeping or giving a document under or in relation
to this Act; or
(b) a requirement that a document be completed, kept or given,
under or in relation to this Act.
Settlement of claims Part 6.4