New South Wales Consolidated Acts

BISHOPSGATE INSURANCE AUSTRALIA LIMITED ACT 1983 - SECT 8

8 Payments to employer or liquidator

(1) Where an employer insured under a policy of insurance issued by the Company has satisfied (whether before or after the commencement of Schedule 1 to the Bishopsgate Insurance Australia Limited (Amendment) Act 1984 ) any claim, judgment or award in respect of which the employer has not been indemnified under that policy, the Government Insurance Office, as manager of the fund, may pay from the fund to the employer an amount equal to the whole or any part of the amount paid by the employer in satisfaction of the claim, judgment or award.

(2) Where the liquidator of the Company has satisfied (whether before or after the commencement of Schedule 1 to the Bishopsgate Insurance Australia Limited (Amendment) Act 1984 ) any claim, judgment or award in respect of which an employer is entitled to be indemnified under a policy of insurance issued by the Company, the Government Insurance Office, as manager of the fund, may pay from the fund to the liquidator an amount equal to the whole or any part of the amount paid by the liquidator in satisfaction of the claim, judgment or award.

(3) Where:

(a) a payment is made under subsection (1) to an employer in respect of a claim, judgment or award, the Government Insurance Office shall be deemed, to the extent of the payment, to have satisfied the claim, judgment or award as agent and attorney of the employer, or

(b) a payment is made under subsection (2) to the liquidator of the Company in respect of a claim by or on behalf of any person or a judgment or award for the benefit of any person, the Government Insurance Office shall be deemed, to the extent of the payment, to have satisfied the claim, judgment or award as agent and attorney of the employer of that person.

(4) The powers conferred by subsections (1) and (2) are exercisable at the absolute discretion of the Government Insurance Office and neither those subsections nor the exercise of any of those powers operates to confer, directly or indirectly, any right on any person to whom a payment is made under those subsections or on any other person.