Table 5.8: Incapacity benefits settlements

Coverage

New South Wales

Yes, some restrictions. Refer Part 3 Division 9 Workers Compensation Act 1987

Victoria

Yes, some restrictions — Division 9 of Part 5 Workplace Injury Rehabilitation and Compensation Act 2013

Queensland

Yes, as calculated under s174 of Workers’ Compensation and Rehabilitation Act 2003

Western Australia

Yes, some restrictions — s67 Workers’ Compensation and Injury Management Act 1981

South Australia

Yes, some restrictions — s53 Return to Work Act 2014

Tasmania

Yes, some restrictions — s132A Workers Rehabilitation and Compensation Act 1988

Northern Territory

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)

Australian Capital Territory

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 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.