Table 5.8: Incapacity benefits settlements | Safe Work Australia

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	Coverage
NSW	Yes, some restrictions. Refer Part 3 Division 9 Workers Compensation Act 1987
Vic	Yes, some restrictions — Division 9 of Part 5 Workplace Injury Rehabilitation and Compensation Act 2013
Qld	Yes, as calculated under s174 of Workers’ Compensation and Rehabilitation Act 2003
WA	Yes, some restrictions — s67 Workers’ Compensation and Injury Management Act 1981
SA	Yes, some restrictions — s53 Return to Work Act 2014
Tas	Yes, some restrictions — s132A Workers Rehabilitation and Compensation Act 1988
NT	Yes, some restrictions — s78A Return to Work Act 1986 Preclusion of settlement of amounts payable to a person who has suffered a catastrophic injury – s78A(1A)
ACT	Yes under s137 of Workers Compensation Act 1951. Settlement may include pay out of one or more of the following: weekly incapacity benefits lump sum compensation for permanent injuries medical treatment, damage and other costs under pt 4.5 of the Act, or any other amount — s137(2) A payout of weekly compensation may not be assigned, charged or attached, pass to anyone else by operation of the law or have a claim offset against it — s138
C’wealth Comcare	Yes, some restrictions — s30 and s137 of the Safety, Rehabilitation and Compensation Act 1988
C’wealth Seacare	Yes, some restrictions — s44 Seafarers Rehabilitation and Compensation Act 1992
C’wealth DVA	Military Rehabilitation and Compensation Act 2004 (MRCA) — Yes, some restrictions — s138 Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) — Yes, some restrictions — s30
New Zealand	From 1 April 2002, the spouse of person killed can apply to have weekly compensation commuted. The independence allowance can be capitalised for periods of 5 years. Cover and other entitlements cannot be commuted or settled.