97ADisputes between insurers, &c.

### 97A Disputes between insurers, &c. > *\[Section 97A Inserted by No. 16 of 1995, s. 66 \]* > > > (1)  If a dispute arises as to which of 2 or more insurers is liable to indemnify an employer in respect of a claim for compensation, any one of the insurers, the worker or the employer may refer the dispute to the Tribunal. > > > (2)  [*\[Section 97A Subsection (2) substituted by No. 42 of 2007, s. 32, Applied:31 Oct 2007\]*](/view/html/inforce/2007-10-31/act-2007-042#GS32@EN) Where a worker is entitled to compensation for an injury from an employer but there is a dispute between insurers as to liability to indemnify that employer, the insurer of the employer of the worker at the time of the latest injury is liable to indemnify the employer until the Tribunal has otherwise determined. > > > (3)  [*\[Section 97A Subsection (3) inserted by No. 42 of 2007, s. 32, Applied:31 Oct 2007\]*](/view/html/inforce/2007-10-31/act-2007-042#GS32@EN) The Tribunal is to determine which insurer is liable to indemnify the employer or how liability is to be apportioned and may make such order as it thinks proper for the reimbursement of one insurer by another and for the indemnity of the employer in respect of the employer's liability under this Act. > > > (4)  [*\[Section 97A Subsection (4) inserted by No. 42 of 2007, s. 32, Applied:31 Oct 2007\]*](/view/html/inforce/2007-10-31/act-2007-042#GS32@EN) An employer or insurer may refer a dispute between insurers for conciliation under [Division 2](#HPV@HD2@EN) of [Part V](#HPV@EN) , notwithstanding any term or condition of any policy of insurance providing for some other means of settling disputes.