Subrogation under s. 41, effect of
42 Subrogation under s. 41, effect of
Where, under section 41, the Commissioner takes or defends proceedings before a court or the State Administrative Tribunal on behalf of a complainant —
the Commissioner shall have the conduct of those proceedings on behalf of the complainant, may (notwithstanding anything in any Act) appear personally or by counsel, solicitor or agent and may do all such things as are necessary or expedient to give effect to an order or decision of the court or the State Administrative Tribunal; and
the Commissioner is liable to pay the costs of the complainant; and
the complainant is liable to pay any amount (other than costs for which the Commissioner is liable under paragraph (b)), that the court or the State Administrative Tribunal orders the complainant to pay.
[Section 42 amended: No. 55 of 2004 s. 209(2).]
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