South Australian Numbered Acts

RETURN TO WORK ACT 2014 (NO 16 OF 2014) - SECT 93

93—Ability of Corporation to conduct and settle proceedings

        (1)         If a proceeding is brought for damages in a case where this Part applies, the proceeding must be against the employer and not against the Corporation.

        (2)         However, other than in the case of a self-insured employer, the Corporation is entitled—

            (a)         to conduct for the employer all proceedings to which the employer is a party (and to take any action in connection with the proceedings as if the Corporation were a party to the proceedings); and

            (b)         to settle any matter that is the subject of proceedings under this Part (including by making offers and counter-offers of settlement on behalf of the employer).

        (3)         In connection with subsections (1) and (2) (other than in the case of a self-insured employer)—

            (a)         a copy of any statement of claim and other documentation lodged with a court for the purposes of bringing an action for damages under this Part must be served on the Corporation as well as the employer; and

            (b)         the employer against whom proceedings are brought under this Part must cooperate fully with the Corporation and give the Corporation all information and access to documents in relation to such proceedings or the relevant cause of action that the Corporation reasonably requires; and

            (c)         the employer immediately on being required to do so by the Corporation must execute all documents and do everything that the Corporation considers reasonably necessary to allow any proceedings to be conducted by the Corporation; and

            (d)         the Corporation will be subrogated to the rights of the employer to such extent as the Corporation may determine.

        (4)         If an employer, other than a self-insured employer—

            (a)         is absent from the State or, after reasonable inquiry, cannot be found; or

            (b)         refuses, fails or is unable to execute any documents required for the purposes of subsection (2) or mentioned under subsection (3),

the Corporation may execute any document that the Corporation requires in connection with the operation of this section.

        (5)         The Corporation may recover from an employer as a debt any additional costs reasonably incurred by the Corporation in connection with any proceedings under this Part as a direct result of the employer's noncompliance with this section.