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Contents (1987 - 70)
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Workers Compensation Act 1987 No 70
Current version for 25 March 2020 to date (accessed 10 April 2020 at 10:29)
Part 7 Division 7 Section 231
231   Appointment of Authority as agent and attorney of employer and worker
(cf former s 30U)
(1)  The Authority is by this section appointed the agent and attorney of an employer and a worker insured under a policy of insurance issued by an insolvent insurer.
(2)  As agent and attorney of such an employer, the Authority may exercise the rights and discharge the obligations of the employer—
(a)  for the purpose of dealing with and finalising any claim against which the employer is indemnified under the policy of insurance,
(b)  for the purpose of satisfying any such claim or any judgment or award against which the employer is indemnified under the policy of insurance, and
(c)  for any other purpose prescribed by the regulations.
(3)  As agent and attorney of such an employer or a worker, the Authority may exercise the rights of the employer or worker in connection with the policy of insurance—
(a)  for the purpose of proving in the winding up of the insolvent insurer and receiving any dividends or other money payable to the employer or worker in the winding up,
(b)  for the purpose of recovering any money which the employer or worker is entitled to recover under section 151Z of this Act or section 64 of the former Act,
(c)  for the purpose of recovering any money which the employer or worker is entitled under the policy of insurance to recover from the person who issued the policy, being a policy referred to in paragraph (b) of the definition of policy of insurance issued by an insolvent insurer in section 225, and
(d)  for any other purpose prescribed by the regulations.
(4)  The Authority may exercise rights and discharge obligations as agent in the name of the employer or worker concerned, or in its own name.
(5)  All rights vested in an insurer or insolvent insurer and all obligations imposed on an insurer or insolvent insurer, being rights or obligations—
(a)  arising from or relating to a policy of insurance issued by an insolvent insurer to an employer, and
(b)  which may or shall be exercised or discharged for the purpose of—
(i)  dealing with and finalising any claim against which the employer is indemnified under the policy, or
(ii)  satisfying any claim, judgment or award, against which the employer is indemnified under the policy,
are vested in or imposed on the employer.
(6)  Subsection (5) shall not be construed so as to vest in or impose on an employer, or to affect in any other way—
(a)  a right of an insurer or insolvent insurer to be indemnified by a reinsurer or an obligation of an insurer or insolvent insurer to indemnify an employer, or
(b)  any other prescribed right or obligation.
(7)  If the Authority is, under this section, empowered to exercise any rights, or to discharge any obligations, of an employer or a worker as agent and attorney, the employer or worker is not entitled, without the consent of the Authority, to exercise those rights or discharge those obligations.
(8)  The appointment effected by this section may be revoked only by an Act.