Document ID: chunk:federal_register_of_legislation:C2025C00186:section:52a:p1
Version: federal_register_of_legislation:C2025C00186
Segment Type: section
Provision Reference: s 52A (pt 1/2)
Character Range: 169599–172177

52A  The Commonwealth's rights and obligations in respect of certain action for non‑economic loss
 (1) If:
 (a) an employer has paid the Commonwealth an amount to cover liability for actions for non‑economic loss brought by its employees; and
 (b) an employee takes action for non‑economic loss against the employer or another employee of the employer (the party claimed against);
this section applies in relation to such action.
 (2) The MRCC may, at any time during the course of the action to which this section applies:
 (a) take over the conduct of that action on behalf of the party claimed against in the proceeding; and
 (b) if the action is before a court and the MRCC thinks it appropriate to do so—apply to the court to join any other person as a party to the action.
 (3) If the MRCC takes over the conduct of the action, it becomes liable to pay all costs of or incidental to the prosecution of the action that would otherwise be payable by the party claimed against other than costs unreasonably incurred by that party.
 (4) If the MRCC takes over the conduct of an action to which this section applies, the MRCC may:
 (a) take whatever steps are appropriate to bring the proceedings to a conclusion; and
 (b) if the action is before a court—settle the proceeding, either with or without obtaining judgment; and
 (c) if judgment is obtained in favour of the party claimed against—take such steps as are necessary to enforce the judgment.
 (5) If the MRCC takes over the conduct of an action to which this section applies, the party claimed against must comply with any reasonable requirement of the MRCC for the purpose of the action including signing of any document relevant to the conduct or settlement of the action.
 (6) If the party claimed against fails to sign a document in accordance with a requirement under subsection (5):
 (a) if the action to which this section applies is not before a court or tribunal at the time of the failure—the Federal Court of Australia, on the application of the MRCC, may direct that the document be signed on the party's behalf by a person appointed by the MRCC; and
 (b) otherwise—the court or tribunal in which proceedings relating to the action are being heard, on the application of the MRCC, may so direct.
 (7) If the MRCC proposes to make an application under subsection (6):
 (a) the MRCC must notify the party concerned of the fact that it is proposing to so apply; and
 (b) the party concerned has a right of representation in the hearing of that application.
 (8) If, in an action to which this section applies: