The Workers Compensation Commission has a broad discretion under s.145(4) of the Workers Compensation Act 1987 (NSW) to relieve an uninsured employer from liability to reimburse WorkCover Authority for compensation paid under the Uninsured Liability and Indemnity Scheme. The discretion is not limited to formulating orders giving effect to pre-existing rights. The matters listed in s.145(2) — including the employer's capacity to pay and whether the employer could reasonably have been expected to regard himself as an employer — are relevant considerations for the Commission's exercise of discretion under s.145(4). Division 6 of Part 4 does not confer on WorkCover Authority an enforceable legal right to reimbursement from an uninsured employer.
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