New South Wales Consolidated Acts

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WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 235D

Order for refund of overpayments of compensation

235D Order for refund of overpayments of compensation

(1) This section applies to a payment to a person, purportedly made pursuant to an obligation arising under this Act, to which the person is not entitled under this Act. Such a payment is referred to in this section as an
"overpayment" .
(2) If the Authority is satisfied that a person has received an overpayment as a result or partly as a result of an act that constitutes a contravention of section 235A or 235C (whether or not the person has been proceeded against or convicted for an offence in respect of the contravention), the Authority may order the person to refund the amount of the overpayment to the person who made the payment.
(3) Any such refund may, in accordance with the terms of the Authority’s order, be deducted from future payments of compensation, but not if it is payable under an award of the Commission.
(4) An order under this section is enforceable as a civil debt and may be recovered as such in any court of competent jurisdiction by the person to whom the order requires payment to be made.
(5) This section does not limit any other right of recovery that a person may have against another person in respect of any overpayment to that other person.
(6) A person against whom an order is made under this section may apply for a review of the order by the Commission.



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