Australian Capital Territory Current Acts

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Reopening of agreements and awards

    (1)     This section applies if a claim for payment is made against the DI fund under section 170E (Claim for payment if employer to pay and liability not covered by compulsory insurance policy etc).

    (2)     The DI fund manager may apply to the Magistrates Court for an order directing that the agreement or award under which the compensation under the claim is payable be reopened on the ground that—

        (a)     there is reason to believe that the employer has not honestly endeavoured to protect the employer's own interests; and

        (b)     the employer has not taken all reasonable steps to protect the employer's own interests.

    (3)     The Magistrates Court may order that the agreement or award be reopened.

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