28CRecovery by Board from non-indemnifiable person of scheduled benefits

28C Recovery by Board from non-indemnifiable person of scheduled benefits

[Section 28C Inserted by No. 49 of 1997, s. 17, Applied:01 Dec 1997]

(1)  In this section –[Section 28C Subsection (1) amended by No. 43 of 2006, s. 47, Applied:18 Dec 2006]

indemnifiable person means a person who is entitled to be indemnified by the Board in respect of a liability;

non-indemnifiable person means a person who is not entitled to be indemnified by the Board in respect of a liability;

scheduled benefits includes payments by the Board in respect of its legal costs which are properly and reasonably incurred and which relate to, or are incidental to, the payment of the scheduled benefits including, but not limited to –

(a) a reference of any matter to the Tribunal; and

(b) any legal proceedings relating to the payment of the scheduled benefits.

(2)  [Section 28C Subsection (2) substituted by No. 16 of 2007, s. 12, Applied:01 Aug 2007] The Board may recover from a non-indemnifiable person a scheduled benefit paid to any other person in respect of personal injury if the circumstances of the motor accident which resulted in the personal injury –

(a) created a liability in the non-indemnifiable person to pay damages; or

(b) would have created such a liability in the non-indemnifiable person if the motor accident had occurred in this State.

(3)  [Section 28C Subsection (3) amended by No. 43 of 2006, s. 47, Applied:18 Dec 2006] The Board has, in respect of scheduled benefits paid in respect of personal injury, the same rights of contribution and indemnity against a non-indemnifiable person as would have vested in an indemnifiable person by the Wrongs Act 1954 if –