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WORKERS COMPENSATION ACT 1987 - SECT 58
Refund of weekly payments paid after return to work etc
58 Refund of weekly payments paid after return to work etc
(1) If, because of a worker's return to employment or a change in employment
that affects the worker's earnings-- (a) the worker is not entitled under this
Act to any weekly payments of compensation that have been paid to the worker,
or
(b) the amount of any weekly payments of compensation that have been paid
to the worker exceed the amount to which the worker is entitled under this Act
(including under the former Act),
the Commission may order the worker to
refund to the person who made the payments any amount to which the worker is
not entitled in respect of payments during any period not exceeding 2 years
(or such shorter or longer period as the Commission considers to be
appropriate) from the date of payment.
(2) Any such refund may, in accordance
with the terms of the Commission's order, be deducted from future weekly
payments of compensation to the worker or be recovered as a debt in a court of
competent jurisdiction.
(3) This section applies even though the weekly
payments of compensation are payable under an interim payment direction by the
President.
(4) Without limiting this section, the Commission may make such
orders as the Commission thinks fit for the adjustment of weekly payments of
compensation to a worker to take account of any overpayments made to the
worker (whether or not in the circumstances referred to in subsection (1)) in
respect of any previous period.
(5) In this section-- (a) a reference to the
worker's return to employment includes a reference to the worker's commencing
employment, and
(b) a reference to employment includes a reference to
employment in the worker's own business.
(6) A court before which proceedings
for an offence under section 57 are taken against a person may, on the
application of the Authority (whether or not the person is convicted of the
offence), make any order that it is satisfied the Commission could make under
this section as a result of the return to employment or change in employment
to which the alleged offence relates. The standard of proof that applies in
connection with an application under this subsection is proof on the balance
of probabilities.
(7) The power conferred on a court by subsection (6) is
subject to the following limitations-- (a) it does not authorise the making of
an order providing for the refund to be deducted from any future weekly
payments of compensation to the extent that they are payable under an award of
the Commission,
(b) it does not authorise the making of an order of the kind
described in subsection (4).
(8) An order under subsection (6) 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.
(9)
The Local Court cannot order the payment of an amount under subsection (6)
that when added to the amount of any penalty imposed for the offence concerned
would exceed an amount equivalent to 500 penalty units.
(10) This section
does not limit any other right of recovery that a person may have against
another person in respect of any overpayment of compensation to that other
person.
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