Victorian Numbered Acts Victorian Numbered Acts(1) The Authority is liable to indemnify an employer in respect of the employer's liability as an employer of a worker to pay compensation and damages in accordance with this Act or the Accident Compensation Act 1985 , and liability to make contribution under section 23B of the Wrongs Act 1958 or a corresponding provision of an Act of the Commonwealth, another State or a Territory, for injuries suffered by the worker arising out of, or in the course of, or due to the nature of employment by the employer.
(2) The indemnity under subsection (1) does not indemnify an employer in respect of any liability of the employer to pay compensation for a matter for which compensation is awarded under Subdivision (1) of Division 2 of Part 4 of the Sentencing Act 1991 .
(3) Except as provided in this Act, an employer must not—
(a) make or agree to make any payment or settlement in relation to an injury or a claim for compensation in respect of an injury, to a worker or admit liability for any injury or claim; or
(b) without the consent of the Authority, incur any expense or cost in relation to any such injury or claim.
(4) The Authority is subrogated to all rights of action or recovery that an employer has against a person in respect of—
(a) any claim for compensation;
(b) any claim for damages;
(c) any claim for contribution under section 23B of the Wrongs Act 1958 or a corresponding provision of an Act of the Commonwealth, another State or a Territory—
made by a worker employed by the employer, or the dependants of a worker, including the right—
(d) to undertake the settlement of a claim against the employer; and
(e) to take over during such period as it thinks fit the control of a claim on behalf of the employer in respect of proceedings brought against the employer; and
(f) to defend or conduct any such proceedings brought against the employer in the name of the employer; and
(g) to pursue such form of appellate relief in the name of the employer as the Authority thinks fit; and
(h) to make decisions about the conduct of an application made, or proceedings brought, by the worker against the employer, including decisions relating to determinations of whole person impairment or serious injury, or both, in respect of the worker.
(5) In this section, compensation and damages does not include—
(a) the excess for which an employer is liable under section 72 of this Act or section 125A of the Accident Compensation Act 1985 on each claim made by a worker; and
(b) an amount payable by an employer in respect of a liability arising out of, or related to, section 576 or 578 of this Act or section 242AB or 242AD of the Accident Compensation Act 1985 .