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.