Commonwealth Consolidated Acts

SEAFARERS REHABILITATION AND COMPENSATION ACT 1992 - SECT 129

             (1)  If:

                     (a)  the Fund has become the employer of an employee because of subsection 4(3); and

                     (b)  the Fund has paid an amount of money in respect of an employee in accordance with this Act; and

                     (c)  the actual employer of the employee had a policy of insurance or indemnity with an insurer under section 93;

then:

                     (d)  the Fund is subrogated to all of the actual employer's rights and remedies in relation to the policy of insurance or indemnity, as the case may be; and

                     (e)  the actual employer is not entitled to, and may not enforce payment of, the amount.

             (2)  If:

                     (a)  the Fund has become the employer of an employee because of subsection 4(3); and

                     (b)  the Fund has paid an amount of money in respect of an employee in accordance with this Act; and

                     (c)  the actual employer of the employee was a member of a protection and indemnity association under section 93;

then:

                     (d)  the Fund is subrogated to all of the actual employer's rights and remedies in relation to the association.