Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(1) Compensation under this part is not payable in relation to an injured person's injury or death to the extent that, independently of this part, a judgment or agreement for damages ( independent damages ) has been obtained in relation to the injury or death.
(2) If a person receives compensation in relation to an injured person's injury or death and later receives independent damages in relation to the injury or death, the Territory is entitled to recover from the person the recoverable amount.
(3) For subsection (2), the recoverable amount is the lesser of the following:
(a) the amount of compensation;
(b) the amount of the independent damages.
(4) If an amount of compensation is paid in relation to a lump sum claim, subsection (3) (a) applies as if the reference to the amount of compensation paid by the Territory included a reference to any legal costs as between party and party that the Territory is liable to pay in relation to the claim.
Division 2.8 Making a claim for compensation