(11) The owner or driver must sign all warrants and authorities that the Commission requires for the purpose of enabling the Commission to have the conduct and control of proceedings under subsection (10). (12) If an owner or driver fails to comply with a requirement under subsection (11) upon being requested to do so, the Commission may sign all warrants and authorities specified in subsection (11) on behalf of the owner or driver. S. 94(13) (13) A reference in this section to the driver of a motor amended by vehicle, railway train or tram is a reference to a No. 127/1986 s. 102(Sch. 4 person who drives the motor vehicle, railway train item 29.2). or tram whether with or without the authority of the owner. S. 94A 94A Settlement between Commission and Victorian inserted by WorkCover Authority No. 50/1994 s. 108. (1) Where the Commission— S. 94A(1) amended by No. 67/2013 (a) is liable to indemnify an owner or driver s. 649(Sch. 9 under section 94; or item 32(12)). (b) may become liable to indemnify a person under section 94— and that owner or driver is liable or that person may become liable to indemnify the Victorian WorkCover Authority, an employer or an authorised insurer under section 138 of the Accident Compensation Act 1985 or section 369 of the Workplace Injury Rehabilitation and Compensation Act 2013, the Commission and the Authority— (c) may undertake the settlement of any claim against that owner or driver; (d) may undertake the settlement of any potential claim against that person.
(11) The owner or driver must sign all warrants and authorities that the Commission requires for the purpose of enabling the Commission to have the conduct and control of proceedings under subsection (10). (12) If an owner or driver fails to comply with a requirement under subsection (11) upon being requested to do so, the Commission may sign all warrants and authorities specified in subsection (11) on behalf of the owner or driver. S. 94(13) amended by No. 127/1986 s. 102(Sch. 4 item 29.2). (13) A reference in this section to the driver of a motor vehicle, railway train or tram is a reference to a person who drives the motor vehicle, railway train or tram whether with or without the authority of the owner. S. 94A inserted by No. 50/1994 s. 108. 94A Settlement between Commission and Victorian WorkCover Authority S. 94A(1) amended by No. 67/2013 s. 649(Sch. 9 item 32(12)). (1) Where the Commission— (a) is liable to indemnify an owner or driver under section 94; or (b) may become liable to indemnify a person under section 94— and that owner or driver is liable or that person may become liable to indemnify the Victorian WorkCover Authority, an employer or an authorised insurer under section 138 of the Accident Compensation Act 1985 or section 369 of the Workplace Injury Rehabilitation and Compensation Act 2013, the Commission and the Authority— (c) may undertake the settlement of any claim against that owner or driver; (d) may undertake the settlement of any potential claim against that person.
86-111a150.docx