Division 8 Reduction of benefits where additional or alternative compensation payable

87A   Additional or alternative compensation to which Division applies

(1)  This Division applies to additional or alternative compensation prescribed by the regulations.

(2)  The regulations may prescribe any of the following as additional or alternative compensation:

(a)  payments to workers or their dependants in respect of injuries or deaths under any specified or class of contract of employment, industrial agreement, award or other arrangement (including payments as a supplement or an alternative to the periodic or lump sum payments of compensation under this Act),

(b)  damages for breaches of section 52, 53B or 55A of the Trade Practices Act 1974 of the Commonwealth,

(c)  any other payments in respect of injuries or deaths for which compensation is payable under this Act.

(3)  The regulations may prescribe additional or alternative compensation even though the arrangements under which it is paid were made before the commencement of this Division.

(4)  For the purposes of this Division, compensation is paid to a worker or other person if it is paid for the benefit or at the direction of the worker or other person.

87B   Reduction of compensation under this Act

(1)  If a person who is entitled to compensation under this Act has been paid additional or alternative compensation to which this Division applies, the amount of compensation payable under this Act is to be reduced by the amount of the additional or alternative compensation.

(2)  If any such additional or alternative compensation is paid after compensation has been paid under this Act, the relevant amount of compensation paid under this Act is to be refunded.

(3)  Any such refund may be deducted from any future payments of compensation under this Act or be recovered as a debt in a court of competent jurisdiction.

(4)  A reduction, refund or deduction under this section is to be made in accordance with the regulations and is not to be made in any case excluded by the regulations.

(5)  This section applies even though the compensation under this Act is payable under an award of the Commission.

87C   Employer etc to notify claim or payment of additional or alternative compensation

(1)  An employer (not being a self-insurer) or top-up insurer on whom a claim is made for additional or alternative compensation to which this Division applies (or who pays any such compensation) must, within 7 days after receipt of the claim or making the payment, notify the relevant workers compensation insurer of the details of the claim or payment.

(2)  For the purposes of this section:

(a)  the relevant workers compensation insurer is the insurer who the employer believes is liable to indemnify the employer in respect of a claim under this Act for compensation for the injury to the worker concerned, and

(b)  a top-up insurer is a person who indemnifies an employer against liability for additional or alternative compensation.

(3)  A person who contravenes this section is guilty of an offence.

Maximum penalty: 20 penalty units.