New South Wales Consolidated Acts

DUST DISEASES TRIBUNAL ACT 1989 - SECT 46

46 Adjustments, where inter-insurer dispute, after assessment of damages

(1) This section applies where a designated insurer makes one or more interim payments after damages are assessed.

(2) The Tribunal or an arbitrator or referee may make such orders with respect to the interim payments as may be just, and in particular may order reimbursement of the designated insurer by another insurer to the dispute concerned for all or part of any interim payment, with or without interest.

(3) In making any such orders, the Tribunal or the arbitrator or referee is to have regard to the provisions of section 151AC of the Workers Compensation Act 1987 and to such other matters as the Tribunal considers to be relevant.

(4) The Tribunal may make such an order on the application of any party.

(5) Subject to any direction of the Tribunal, an arbitrator or referee may make such an order in the course of an arbitration under section 38, on the application of any party.