Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if:
(a) an employee makes a claim for compensation under this Division; and
(b) before or after the employee does so, the Commonwealth makes a payment (the Commonwealth salary etc. payment ) to the employee by way of salary, wages or pay in relation to the whole or part of a day in the pre - determination period; and
(c) Comcare determines that the employee is entitled to the compensation.
(2) The employee must repay the Commonwealth salary etc. payment.
(3) The amount repayable must be set off:
(a) if paragraph (b) does not apply--by Comcare against any amount of compensation payable under this Division to the employee in respect of the injury concerned; or
(b) if, under subsection 112A(3) or 112B(3), Comcare advises the employee's employer of its intention to make a payment (the advised payment ) to the employer in respect of the compensation--by the employer against any amount payable under subsection 112A(4) (the subsection 112A(4) payment ) or 112B(4) by the employer to the employee as a result.
Note: If the amount of the Commonwealth salary etc. payment is less than the amount of compensation, the balance of the compensation will still be payable after a set - off.
(4) To the extent that the amount repayable is set off, Comcare is taken for the purposes of this Act (other than section 90C) to have made a payment in discharge of its liability to pay the compensation.
(5) If Comcare sets the amount off, it must make a payment to the employer of an amount equal to the amount it sets off.
(6) If:
(a) the employer made the Commonwealth salary etc. payment out of relevant money; and
(b) either:
(i) paragraph (3)(a) applies and the employer receives the payment mentioned in subsection (5) from Comcare; or
(ii) paragraph (3)(b) applies and the employer makes the subsection 112A(4) payment before it receives the advised payment from Comcare;
when the payment or the advised payment is received from Comcare, it is taken to be a repayment of the Commonwealth salary etc. payment and the receipt of an amount for the purposes of section 74 of the Public Governance, Performance and Accountability Act 2013 .
(8) To the extent that the amount repayable is not set off under subsection (3), it may be recovered by the Commonwealth as a debt due to the Commonwealth by action in a court of competent jurisdiction.
(9) If the Commonwealth salary etc. payment was in respect of leave of absence granted to the employee, the employer must restore the employee's leave credit.