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WORKERS COMPENSATION ACT 1951 - SECT 94B

Liquidator to give DI fund manager injury notice etc

    (1)     The liquidator of an insurer (other than an insurer that has been wound up under the Corporations Act

) commits an offence if—

        (a)     the liquidator is given an injury notice; and

        (b)     the injury notice is for an injury of an injured worker of an employer; and

        (c)     the employer holds or held a compulsory insurance policy with the insurer that requires or required indemnity to be provided for the injured worker's injury; and

        (d)     the insurer cannot provide the indemnity required to be provided under the policy; and

        (e)     the liquidator does not, within 48 hours after receiving the injury notice—

              (i)     give the DI fund manager a copy of the injury notice; and

              (ii)     tell the manager, in writing, that the employer holds or held a compulsory insurance policy with the insurer that requires or required indemnity for the injury to be provided.

Maximum penalty: 50 penalty units.

    (2)     The liquidator of a licensed insurer that has been wound up under the Corporations Act commits an offence if—

        (a)     the liquidator is given an injury notice; and

        (b)     the injury notice is for an injury of an injured worker of an employer; and

        (c)     the employer held a compulsory insurance policy with the insurer that required indemnity for the injured worker's injury to be provided; and

        (d)     the liquidator does not, within 48 hours after the liquidator receives the notice—

              (i)     return the injury notice to the injured worker; and

              (ii)     tell the worker, in writing, to give the injury notice to the DI fund manager.

Maximum penalty: 50 penalty units.

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



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