(1) This section applies if—
(a) a person has obtained a final judgment, or an order or award has been made against an employer; and
(b) the judgment, order or award relates to the employer's liability independently of this Act in relation to, or the death of, a territory worker of the employer; and
(c) the liability of the employer under the judgment, order or award is covered by a compulsory insurance policy; and
(d) the licensed insurer is wound up or cannot provide the indemnity required by the policy to be provided.
(2) The person is eligible to make a claim for payment against the DI fund of the amount of the judgment, order or award that remains unsatisfied.