Separate NSW section 151Z from a policy subrogation clause
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the policy and the loss file, table any contractual subrogation or contribution clause, and set out section 151Z only where the lawyer says compensation is payable and a person other than the employer is liable in damages. Do not calculate a repayment.
- What the lawyer must review
- Decide whether a person other than the employer is liable in damages. If not, do not use section 151Z.
- The worker may pursue both claims and cannot retain both damages and compensation.
- Check the order of recovery before stating a repayment or an indemnity.
- Keep medical details in the firm's system. Apply ASCR rule 9, APP 11, and the Privacy Act notifiable-breach test.
- Written for / version
- New South Wales versionNSWUS
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Workers Compensation Act 1987 (NSW) section 151Z, beside any subrogation clause in a policy
Produce. A table that separates the policy clause from section 151Z(1). No repayment figure.
Have ready. Policy subrogation and contribution clauses; Whether compensation is payable under the Workers Compensation Act 1987; Whether the lawyer says a person other than the employer is liable in damages; The order of any recovery.
Example of the limit. Illustrative example: A public-liability insurer asks about subrogation after a host employer paid workers compensation and a contractor is also sued. The tool sets out section 151Z(1) only. It does not calculate the repayment, and it does not call the policy clause section 151Z.
Stop and hand it back when
- The lawyer has not said that a person other than the employer is liable to pay damages.
- The order of compensation and damages is unknown.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the policy and the loss file, table any contractual subrogation or contribution clause, and set out section 151Z only where the lawyer says compensation is payable and a person other than the employer is liable in damages. Do not calculate a repayment. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 151Z(1) applies where compensation is payable under the Workers Compensation Act 1987 and the injury was caused in circumstances creating a liability in a person other than the employer to pay damages.
- The worker may take both proceedings and is not entitled to retain both damages and compensation.
- If compensation is recovered first and damages second, the worker repays the compensation paid and is not entitled to further compensation. If damages are recovered first, the worker is not entitled to compensation under the Act.
- The person who paid the compensation is entitled to be indemnified by the person liable to pay the damages, and that indemnity is limited to the amount of the damages.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Subrogation limits against family and a permitted driver | Checklist | AI use Yellow | Checklist of Insurance Contracts Act 1984 section 65, which limits subrogation against a family member or a person allowed to use the insured vehicle. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Workers Compensation Act 1987 (NSW) section 151Z · 2026-10-23
- Insurance Contracts Act 1984 (Cth) section 9 · 2026-10-23
Only subsection (1)(a) to (d) was used. Later subsections, including any motor-accident adjustment, were not applied in this version. A contractual subrogation clause remains a policy question and is not restated as section 151Z.