SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 52 Compensation not payable both under Act and under award

SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 52

  (1)   A person who would, but for this section, be entitled to compensation under this Act and benefits under an award in respect of the same injury, or in respect of the same loss of, or damage to, property, is not entitled to both but shall elect whether to receive the compensation or the benefits.

  (2)   An election made by an employee is irrevocable.

  (3)   Where an employee makes an election to receive either compensation under this Act or benefits under the award but compensation is not payable under this Act, or benefits are not payable under the award, as the case may be, in respect of the injury, or the loss of, or damage to, property, the election has no effect.

  (4)   Where an employee has made an election to receive compensation under this Act, that compensation is not payable unless the employee makes a claim under section   54.

  (5)   Where an employee who has made an election dies, the election does not have effect in relation to his or her dependants.

  (6)   In this section, award means an award, determination, order or agreement by which provision is made for, or in relation to, the grant of any benefits to or in relation to employees or their dependants in respect of injury or disease causing death or incapacity, or in respect of the loss of, or damage to, property, in circumstances connected with the employment of those employees, being:

  (a)   a determination made under the Public Service Arbitration Act 1920 ; or

  (b)   an award, determination or order made, or agreement entered into, under a law of the Commonwealth relating to workplace relations; or

  (c)   an award, determination or order made, or agreement entered into, under a law of a State or Territory.