Australian Capital Territory Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


Effect of payment of claims

    (1)     If an amount is paid to a claimant under this division in settlement of a claim made under this Act in relation to a liability of an employer

        (a)     the payment operates to discharge the liability of the DI fund in relation to the claim; and

        (b)     the payment operates to discharge the liability of the employer; and

        (c)     an amount equal to 3 times the amount of the payment is a debt owing by the employer to the DI fund; and

Note     An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act

, s 177).

        (d)     the DI fund has the right of subrogation for any right that the employer has against anyone in relation to the matter that is the subject of the claim that caused the liability of the employer.

    (2)     However, subsection (1) (c) does not apply if—

        (a)     the employer is a non-business employer; or

        (b)     the claim was for payment for an injury that is an imminently fatal asbestos-related disease.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback