231Appointment of Authority as agent and attorney of employer and worker

#### 231 Appointment of Authority as agent and attorney of employer and worker 231 Appointment of Authority as agent and attorney of employer and worker (cf former s 30U) > > (1) The Authority is by this section appointed the agent and attorney of an employer and a worker insured under a policy of insurance issued by an insolvent insurer. > > > (2) As agent and attorney of such an employer, the Authority may exercise the rights and discharge the obligations of the employer— > > > > > (a) for the purpose of dealing with and finalising any claim against which the employer is indemnified under the policy of insurance, > > > > > (b) for the purpose of satisfying any such claim or any judgment or award against which the employer is indemnified under the policy of insurance, and > > > > > (c) for any other purpose prescribed by the regulations. > > > (3) As agent and attorney of such an employer or a worker, the Authority may exercise the rights of the employer or worker in connection with the policy of insurance— > > > > > (a) for the purpose of proving in the winding up of the insolvent insurer and receiving any dividends or other money payable to the employer or worker in the winding up, > > > > > (b) for the purpose of recovering any money which the employer or worker is entitled to recover under section 151Z of this Act or section 64 of the former Act, > > > > > (c) for the purpose of recovering any money which the employer or worker is entitled under the policy of insurance to recover from the person who issued the policy, being a policy referred to in paragraph (b) of the definition of policy of insurance issued by an insolvent insurer in section 225, and > > > > > (d) for any other purpose prescribed by the regulations. > > > (4) The Authority may exercise rights and discharge obligations as agent in the name of the employer or worker concerned, or in its own name. > > > (5) All rights vested in an insurer or insolvent insurer and all obligations imposed on an insurer or insolvent insurer, being rights or obligations— > > > > > (a) arising from or relating to a policy of insurance issued by an insolvent insurer to an employer, and > > > > > (b) which may or shall be exercised or discharged for the purpose of— > > > > > > > (i) dealing with and finalising any claim against which the employer is indemnified under the policy, or > > > > > > > (ii) satisfying any claim, judgment or award, against which the employer is indemnified under the policy, > > > > are vested in or imposed on the employer. > > > (6) Subsection (5) shall not be construed so as to vest in or impose on an employer, or to affect in any other way— > > > > > (a) a right of an insurer or insolvent insurer to be indemnified by a reinsurer or an obligation of an insurer or insolvent insurer to indemnify an employer, or > > > > > (b) any other prescribed right or obligation. > > > (7) If the Authority is, under this section, empowered to exercise any rights, or to discharge any obligations, of an employer or a worker as agent and attorney, the employer or worker is not entitled, without the consent of the Authority, to exercise those rights or discharge those obligations. > > > (8) The appointment effected by this section may be revoked only by an Act. > > **s 231:** Am 1990 No 46, Sch 1; 1991 No 2, Sch 3 (8); 1991 No 100, Sch 2 (7); 1994 No 6, Sch 2 (15).