Australian Capital Territory Current Acts

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DI fund manager may consent to judgment etc

    (1)     This section applies if the DI fund manager conducts the defence of a proceeding against an employer for—

        (a)     a claim for compensation under this Act; or

        (b)     liability independent of this Act in relation to an injury to, or the death of, a territory worker of the employer.

    (2)     The DI fund manager may, without the employer's agreement—

        (a)     make a decision affecting the interests of the employer in the proceeding; or

        (b)     consent to judgment against the employer in the proceeding.

    (3)     However, the DI fund manager must—

        (a)     tell the employer about the manager's intention to act under subsection (2) (a) or (b); and

        (b)     take into account the views (if any) of the employer.

    (4)     Subsection (3) does not apply if the DI fund manager—

        (a)     has taken reasonable steps to contact the employer; and

        (b)     is unable to contact the employer.

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