Victorian Current Acts

WORKERS COMPENSATION ACT 1958 - SECT 98

    (1)     There shall be paid out of the Fund—

        (a)     the amount of any claim award or judgment to which this Part applies in respect of which indemnity is not provided as required by the relevant policy of accident insurance or indemnity;

S. 98(1)(b) amended by Nos 10089 s. 4(1), 10191 s. 268(3)(c), 50/1994 s. 121.

        (b)     the amounts of any legal or other costs and expenses incurred by the Authority in respect of any claim award or judgment to which this Part applies;

S. 98(1)(c) amended by Nos 10089 s. 4(1), 10191 s. 268(3)(c), 50/1994 s. 121.

        (c)     the amounts of any premiums payable in respect of any contracts of indemnity entered into by the Authority under section 104;

S. 98(1)(d) amended by Nos 9297 s. 11(k), 10191 s. 268(3)(a).

        (d)     the amounts of any costs and expenses incurred in the administration of this Part and the exercise of any power under section 100C;

        (e)     the amount of any refund due under this Part; and

S. 98(1)(f) amended by No. 10191 s. 268(3)(b).

        (f)     any other moneys which this Part or section 2B or 2C authorizes to be paid out of the Fund.

S. 98(1A) inserted by No. 9613 s. 17, amended by No. 57/1989 s. 3(Sch. item 222.2).

    (1A)     Nothing in this Part shall be taken to require or authorize payment out of the Fund of the amount of any claim award or judgment under paragraph (a) of subsection (1) where an injury is incurred more than 28 days from the date of a winding-up order in relation to the relevant insurer made by the Supreme Court.

    (2)     Nothing in this Part shall be taken to require or authorize payment out of the Fund of the amount of any claim award or judgment to which this Part applies if any proceeding or step required to enforce payment of that amount by the relevant insurer can no longer be taken because of any failure on the part of the employer or any other person to take it within the time allowed by law.

S. 98(3) amended by Nos 10089 s. 4(1), 10191 s. 268(3)(c), 50/1994 s. 121.

    (3)     To the extent of amounts paid out of the Fund in respect of any claim award or judgment to which this Part applies (including costs incurred by the Authority), the Authority shall—

S. 98(3)(a) amended by Nos 10089 s. 4(1), 10191 s. 268(3)(c), 50/1994 s. 121.

        (a)     in any case where, if the indemnity to be provided under the relevant policy of accident insurance or indemnity had been provided by the relevant insurer or any other person, the relevant insurer or that person would have been entitled to recover any sum under any contract or arrangement for re‑insurance—be entitled to the benefit of and may exercise the rights and powers of the relevant insurer or that person under that contract or arrangement so as to enable the Authority to recover from the re-insurer and retain the amount due under that contract or arrangement; and

        (b)     to the extent that recovery is not made from a re-insurer pursuant to paragraph (a)—be a creditor of and have the same rights against the relevant insurer or any other person as the employer concerned would have had if the indemnity required to be provided by the policy of accident insurance or indemnity was not provided.

S. 98A inserted by No. 9610 s. 2, substituted by No. 10191 s. 268(4), repealed by No. 50/1994 s. 115, new  s. 98A inserted by No. 41/2006 s. 45.