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Workers' Compensation and Rehabilitation Act 2003
sec.278AInsurer may add other person as contributor
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### sec.278A Insurer may add other person as contributor
An insurer who receives a notice of claim may, within the time prescribed under a regulation or, if no period is prescribed, within 20 business days after receiving the notice of claim, add someone else as a contributor for the purposes of this part by giving the person a written notice ( contribution notice )—
claiming an indemnity from, or contribution towards—
the employer’s liability; and
the insurer’s liability; and
stating the grounds on which the insurer holds the person liable; and
stating any other information that may be prescribed under a regulation; and
accompanied by copies of documents about the claim given to or received from any other party under this Act.
If the time prescribed under subsection (1) for adding a contributor has ended, an insurer may add someone else as a contributor only with the person’s agreement and with—
the agreement of the parties; or
the court’s leave.
If an insurer adds someone as a contributor under this section, the insurer must give a copy of the contribution notice to each other party within the time prescribed under a regulation or, if no period is prescribed, within 5 business days after adding someone as a contributor.
Maximum penalty for subsection (3) —50 penalty units.
s 278A ins 2004 No. 45 s 43
(sec.278A-ssec.1) An insurer who receives a notice of claim may, within the time prescribed under a regulation or, if no period is prescribed, within 20 business days after receiving the notice of claim, add someone else as a contributor for the purposes of this part by giving the person a written notice ( contribution notice )— claiming an indemnity from, or contribution towards— the employer’s liability; and the insurer’s liability; and stating the grounds on which the insurer holds the person liable; and stating any other information that may be prescribed under a regulation; and accompanied by copies of documents about the claim given to or received from any other party under this Act.
(sec.278A-ssec.2) If the time prescribed under subsection (1) for adding a contributor has ended, an insurer may add someone else as a contributor only with the person’s agreement and with— the agreement of the parties; or the court’s leave.
(sec.278A-ssec.3) If an insurer adds someone as a contributor under this section, the insurer must give a copy of the contribution notice to each other party within the time prescribed under a regulation or, if no period is prescribed, within 5 business days after adding someone as a contributor. Maximum penalty for subsection (3) —50 penalty units.
- (a) claiming an indemnity from, or contribution towards— (i) the employer’s liability; and (ii) the insurer’s liability; and
- (i) the employer’s liability; and
- (ii) the insurer’s liability; and
- (b) stating the grounds on which the insurer holds the person liable; and
- (c) stating any other information that may be prescribed under a regulation; and
- (d) accompanied by copies of documents about the claim given to or received from any other party under this Act.
- (i) the employer’s liability; and
- (ii) the insurer’s liability; and
- (a) the agreement of the parties; or
- (b) the court’s leave.