SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 112A Making of compensation payments through employers of employees paid out of relevant money
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 112A
Making of compensation payments through employers of employees paid out of relevant money(a) Comcare is liable to pay an amount of compensation under Division 3 of Part II to an employee; and
(b) payments by the employer to the employee of salary or wages (ignoring section 116) are made out of relevant money.
(2) Comcare may instead make a payment to the employer in respect of the compensation.
(3) Before making the payment, Comcare must advise the employer of its intention to do so (the payment is called the advised payment ).
(4) Subject to section 23A, the employer must:
(a) before receiving the advised payment, make a payment of an equal amount (the anticipatory payment ) to the employee; or
(b) on receiving the advised payment, hold it for the benefit of the employee until such time as the employer pays it to the employee.
Note: Section 23A requires the employer to set off repayments of salary etc. made to the employee in relation to the pre - determination period against amounts payable by the employer under this subsection.
(5) When the employer pays the employee the anticipatory payment, or the payment that it holds for the benefit of the employee, the payment is taken for the purposes of this Act (other than section 90C) to be a payment by Comcare in discharge of its liability to pay the compensation.
(6) Also, in the case of the anticipatory payment:
(a) to avoid doubt, the provision of an Act that appropriates the Consolidated Revenue Fund for the purposes of any payments by the employer to the employee of salary or wages (ignoring section 116) also appropriates the Consolidated Revenue Fund for the purposes of the anticipatory payment; and
(b) when the advised payment is received by the employer, it is taken to be:
(i) a repayment of the anticipatory payment; and
(ii) the receipt of an amount for the purposes of section
74 of the Public Governance, Performance and Accountability Act 2013 .