Australian Capital Territory Consolidated Acts

WORKERS COMPENSATION ACT 1951 - SECT 186

    (1)     This section applies if—

        (a)     a worker or a dependant of a deceased worker is liable under section 183 (Remedies both against the employer and a stranger) or section 185 (Dependants recovering damages and not claiming compensation) to pay an amount to the worker's employer; and

        (b)     the Magistrates Court or a person appointed by the Magistrates Court for the purpose holds on behalf of the worker or dependant—

              (i)     an amount (a relevant amount ) of compensation payable for the benefit of, or of damages awarded to, the worker or dependant; or

              (ii)     investments ( relevant investments ) acquired out of a relevant amount.

    (2)     If the Magistrates Court or person holds a relevant amount, the court or person must—

        (a)     deduct from the relevant amount an amount not exceeding the amount that the worker or dependant is liable to pay the employer; and

        (b)     pay the amount deducted to the employer.

    (3)     If the Magistrates Court or person holds relevant investments, the court or person must—

        (a)     realise some or all of the investments; and

        (b)     deduct from the proceeds of the realisation an amount not exceeding the amount that the worker or dependant is liable to pay the employer; and

        (c)     pay the amount deducted to the employer.

    (4)     The payment of an amount under subsection (2) or (3) is a discharge, to the extent of the amount paid, of the liability of—

        (a)     the worker or dependant to the employer; and

        (b)     the Magistrates Court or other person to the worker or dependant.