Victorian Consolidated Legislation

Accident Compensation (WorkCover Insurance) Act 1993 - SECT 62

General power of Authority in relation to proceedings

62. General power of Authority in relation to proceedings



(1) If-

   (a)  a claim under the Uninsured Employers and Indemnity Scheme has been
        made and the employer does not appear and defend the application for
        an award of compensation; or

   (b)  an award of compensation has, prior to the making of the claim, been
        obtained in default of appearance by the employer, or by consent of
        the worker and the employer; or

   (c)  the Authority for any reason thinks fit-

the Authority may cause to be made such inquiries as it thinks fit to
determine the genuineness of the grounds on which the award is sought or was
based.



(2) The court having jurisdiction in relation to the matter under the
Accident Compensation Act 1985 may adjourn an application referred to in
subsection (1) or, if an award has been made, may reopen the proceedings and
order some fit person to take and defend the proceedings in substitution for
the employer, and for those purposes all the rights of the employer shall be
subrogated to that person.

At any hearing of an application under this section, the Authority may appear
before the court and exercise in respect of any matters and questions arising
out of the application the same powers, rights and authorities as an employer
may exercise in respect of a claim between a worker and an employer under this
Act. _______________