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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3511 ..
12H Order for refund of overpayments of compensation
(NSW WIMWCA s 68)(1) This section applies to a payment to a person (an overpayment ), purportedly made because of an obligation arising under this Act, to which the person is not entitled under this Act.
(2) However, this section only applies if the court before which a proceeding for an offence under section 26T (False claims etc) is taken against the person is satisfied on the balance of probabilities that the person has received an overpayment as a result or partly as a result of the act or omission that is alleged to constitute the offence.
(3) The court may, on the application of the employer or insurer (whether or not the person is convicted of the offence), order the person to refund the amount of the overpayment to the person who made the payment.
(4) Unless the compensation is payable under an award of a court, the refund may be deducted from future payments of compensation in accordance with the terms of the court's order.
(5) Subsection (3) applies even if the compensation is weekly compensation that is payable under a direction of a conciliator.
(6) This section does not limit any other right of recovery that a person may have against someone else in relation to an overpayment to the other person.
Part 6.4 Settlement of claims
12I Contracting out
(1) A provision of an agreement or other document is void if it purports to exclude, or limit in any way-(a) a right given to a worker under this Act; or
(b) a liability imposed on an employer under this Act.
(2) However, this section does not apply to an agreement by a worker to commute an existing right to compensation for a compensable injury under this part.
12J How worker may commute rights
(1) A worker may commute, in writing, an existing right to compensation for a compensable injury on payment of an amount by the insurer (the settlement).(2) The settlement may include a payout of 1 or more of the following:
(a) the worker's entitlement to weekly compensation under part 4.3;
(b) the worker's entitlement to compensation for permanent injuries under part 4.4;
(c) the worker's entitlement to compensation for medical treatment, damage and other costs under part 4.5;
(d) an entitlement of the worker to compensation apart from this Act;
(e) any other amount.
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