Document ID: chunk:federal_register_of_legislation:C2025C00116:section:129
Version: federal_register_of_legislation:C2025C00116
Segment Type: section
Provision Reference: s 129
Character Range: 195179–196222

129  Subrogation of rights of actual employer to Fund
 (1) If:
 (a) the Fund has become the employer of an employee because of subsection 4(3); and
 (b) the Fund has paid an amount of money in respect of an employee in accordance with this Act; and
 (c) the actual employer of the employee had a policy of insurance or indemnity with an insurer under section 93;
then:
 (d) the Fund is subrogated to all of the actual employer's rights and remedies in relation to the policy of insurance or indemnity, as the case may be; and
 (e) the actual employer is not entitled to, and may not enforce payment of, the amount.
 (2) If:
 (a) the Fund has become the employer of an employee because of subsection 4(3); and
 (b) the Fund has paid an amount of money in respect of an employee in accordance with this Act; and
 (c) the actual employer of the employee was a member of a protection and indemnity association under section 93;
then:
 (d) the Fund is subrogated to all of the actual employer's rights and remedies in relation to the association.