Victorian Consolidated Legislation

Accident Compensation (WorkCover Insurance) Act 1993 - SECT 61

Authority may recover amount in relation to claim

61. Authority may recover amount in relation to claim



(1) The Authority may serve a notice in writing on a person who, in the
opinion of the Authority, was-

   (a)  in respect of an injured worker to or in respect of whom compensation
        has been paid or is payable under the Uninsured Employers and
        Indemnity Scheme, an employer at the relevant time;



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requiring that person, within a period specified in the notice, to reimburse
to the Authority an amount specified in the notice.

(1A) Subsection (1) does not apply to an employer to whom section 55(2)(a)
applies who is registered under section 58.

(2) The Authority may, by instrument in writing, waive all or part of the
liability of an employer under subsection (1) to reimburse the Authority an
amount, if the Authority is satisfied that-

   (a)  the amount is beyond the capacity of the employer to pay; or

   (b)  the employer could not reasonably have been expected to regard himself
        or herself as an employer at the relevant time; or

   (c)  the employer, not being a corporation, is bankrupt and the liability
        under this section is not provable in the bankruptcy; or

   (d)  the employer, being a corporation, is being wound up and the liability
        under this section is not provable in the winding up; or

   (e)  the employer, being a corporation, has been dissolved; or

   (f)  it would not be commercially feasible for the Authority to attempt to
        recover the amount.

(3) A person on whom a notice has been served under subsection (1) in respect
of an injured worker may, within the period specified in the notice, apply to
the appropriate court having jurisdiction in relation to the claim under the
Accident Compensation Act 1985 for a determination as to the person's
liability under this Act.

(4) The Authority may recover an amount specified in a notice served under
subsection (1) if an application has not been made under subsection (3) from
the person to whom the notice was given as a debt in a court of competent
jurisdiction.