Commonwealth Numbered Acts

COMMONWEALTH EMPLOYEES' REHABILITATION AND COMPENSATION ACT 1988 No. 75 of 1988 - SECT 49

49. (1) Where:

   (a)  compensation is payable under this Act in respect of an injury that
        resulted in the death of an employee; and

   (b)  damages in respect of the death of the employee are recovered by or
        for the benefit of a prescribed dependant of the deceased employee;
        this section applies in relation to that prescribed dependant.

(2) If the prescribed dependant is the only prescribed dependant, he or she is
liable to pay to the Commission:

   (a)  the amount of the compensation referred to in paragraph (1) (a); or

   (b)  the amount of the damages recovered by the prescribed dependant;
        whichever is less.

(3) If the prescribed dependant is not the only prescribed dependant, he or
she is liable to pay to the Commission:

   (a)  the prescribed amount; or

   (b)  the amount of the damages recovered by the prescribed dependant;
        whichever is less.

(4) In this section:

"damages" has the same meaning as in section 48;

"prescribed amount" means an amount calculated under the formula:
AC x D1
D2
    where: AC   is the amount of the compensation referred to in paragraph (1)

(a); D1   is the amount of the damages recovered by the prescribed dependant
in
     respect of the death of the employee; and D2   is the total amount of the
damages recovered by all prescribed dependants
in respect of the death of the employee;

"prescribed dependant", in relation to a deceased employee, means a dependant
of that employee by whom, or on whose behalf, a claim for compensation under
this Act in respect of the injury that resulted in the death of the employee
has not been made or by whom, or on whose behalf, a request under section 43
relating to compensation under this Act in respect of that injury has been
made.

(5) For the purposes of this section, the amount of the compensation referred
to in paragraph (1) (a):

   (a)  shall be taken not to include:

        (i)    any amount of compensation that the Commission is liable to pay
               for the benefit of a dependant of the deceased employee, being
               a dependant who is not entitled to recover damages in respect
               of the death of the employee, whether by reason of the
               operation of a statute of limitations or otherwise; and

        (ii)   any amount of compensation payable under subsection 17 (5); and

   (b)  shall be taken to be reduced by any amount that a dependant of the
        deceased employee is liable to pay to the Commission under section 48.