Section 45 — Workers Compensation Act 1987 (NSW)

(1) The Commission may, on the determination of an application for any weekly payment of compensation or on a review under this Act of any weekly payment of compensation, order that the weekly payment—
(a) is not payable, or
(b) is reduced to a specified amount or in a specified manner,
if the worker, or any spouse or other person related to the worker, would as a result be qualified to receive any pension, allowance or other benefit under the Social Security Act 1991 of the Commonwealth or under any other Act or law.
(2) Any such order has effect according to its tenor.
(3) Any such order does not have effect for the purposes of determining (if applicable) the lump sum payable on the commutation of a weekly payment under this Act or the redemption of a weekly payment under section 15 of the former Act (as applied by Schedule 6 to this Act).

Related sections

• s 44A — Work capacity assessment
• s 44B — Evidence as to work capacity
• s 44BAA — Regulations
• s 46 — Reduction of weekly payments to prevent dual benefits
• s 47 — Incapacity deemed to exist in certain cases
• s 48 — Compensation payable despite existing incapacity

Research how courts apply s 45

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.