Australian Capital Territory Current Acts

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WORKERS COMPENSATION ACT 1951 - SECT 170N

Proceeding after agreement set aside

    (1)     A person commits an offence if—

        (a)     an agreement is set aside under section 170K; and

        (b)     the person was a party to the agreement; and

        (c)     the person brings a proceeding to recover damages in relation to a liability under the agreement; and

        (d)     at the end of 7 days after the day the proceeding is started, the person has not given the DI fund manager written notice of the proceeding.

Maximum penalty: 5 penalty units.

    (2)     An offence against this section is a strict liability offence.

    (3)     If notice is given to the DI fund manager under subsection (1) (d), the fund manager—

        (a)     may, on behalf of the employer sued in the proceeding, conduct the defence of the proceeding in the name of the employer and in the way the fund manager considers appropriate; and

        (b)     must indemnify the employer against all costs and expenses in relation to the proceeding.



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