SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 33 Reduction of compensation in certain cases

SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 33

  (1)   Where, in relation to a day in respect of which compensation is payable to an employee under section   19, 20, 21, 21A, 22 or 31, an amount or amounts are paid or payable to the employee by the Commonwealth or a licensed corporation by way of salary, wages or pay, the amount of compensation payable under that section in respect of that day shall be reduced by the amount, or the sum of the amounts, so paid or payable to the employee.

  (2)   In this section, a reference to an amount paid or payable to an employee by the Commonwealth or a licensed corporation does not include a reference to:

  (a)   an amount by way of pay in respect of a period of leave of absence granted, or in lieu of the grant of a period of leave of absence, under section   16 or 17 of the Long Service Leave (Commonwealth Employees) Act 1976 , section   73 or 74 of the Public Service Act 1922 as in force before 20   December 1976 or section   7 or 8 of the Commonwealth Employees' Furlough Act 1943 as in force before that day;

  (ba)   an amount by way of pay in respect of a period of leave of absence, or in lieu of the grant of a period of leave of absence, in the nature of long service leave under a law of a State or Territory or an industrial award, determination, order or agreement;

  (c)   any amount that the employee is able to earn in suitable employment or any amount of earnings payable to an employee, being an amount that has been taken into account for the purposes of calculating the amount of compensation payable to the employee under section   19; or

  (e)   a Commonwealth salary etc. payment as defined in paragraph   23A(1)(b).