Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 278A

278A Insurer may add other person as contributor

(1) An insurer who receives a notice of claim may, within the time prescribed under a regulation or, if no period is prescribed, within 20 business days after receiving the notice of claim, add someone else as a contributor for the purposes of this part by giving the person a written notice (
"contribution notice" )—

(a) claiming an indemnity from, or contribution towards—

(i) the employer’s liability; and

(ii) the insurer’s liability; and

(b) stating the grounds on which the insurer holds the person liable; and

(c) stating any other information that may be prescribed under a regulation; and

(d) accompanied by copies of documents about the claim given to or received from any other party under this Act.

(2) If the time prescribed under subsection (1) for adding a contributor has ended, an insurer may add someone else as a contributor only with the person’s agreement and with—

(a) the agreement of the parties; or

(b) the court’s leave.

(3) If an insurer adds someone as a contributor under this section, the insurer must give a copy of the contribution notice to each other party within the time prescribed under a regulation or, if no period is prescribed, within 5 business days after adding someone as a contributor.

Penalty—

Maximum penalty for subsection (3) —50 penalty units.