ACTIn ForceAct
Workers Compensation Act 1951
36FNo ACT compensation if external compensation received
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36F No ACT compensation if external compensation received
(1) Compensation under this Act (ACT compensation) is not payable in
relation to a worker’s injury to the extent that compensation (external
compensation) under the workers compensation law of an external
Territory or a place outside Australia has been received in relation to
the same injury.
(2) If a person receives ACT compensation from an employer in relation
to a worker’s injury and later receives external compensation in
relation to the same injury, the employer is entitled to recover from
the person the recoverable amount.
(3) For subsection (2), the lesser of the following amounts is the
recoverable amount:
(a) the amount of ACT compensation;
(b) the amount of external compensation.
(4) If an amount of ACT compensation is paid in relation to a lump sum
claim, subsection (3) (a) applies as if the reference to the amount of
ACT compensation paid by the employer included a reference to any
legal costs as between party and party that the employer is liable to
pay in relation to the claim.
(5) An employer cannot recover an amount under this section in relation
to an injury if the employer has recovered an amount under
section 184 (No compensation if damages received) in relation to the
same injury.