Australian Capital Territory Numbered Acts

WORKERS COMPENSATION AMENDMENT ACT 2003 (NO 2) (NO. 49 OF 2003) - SECT 18

in part 6.1, insert

126A     Lump sum claims—notice by insurers about double compensation etc

    (1)     This section applies if an insurer is given notice by an employer of a lump sum claim, and the insurer is liable to indemnify the employer for the claim.

    (2)     After the insurer is given notice of the claim, the insurer must give the claimant information explaining the requirements of the following sections for the repayment of compensation together with the employer's legal costs as between party and party:

              •     section 36F (No ACT compensation if external compensation received)

              •     section 183 (Remedies against employer and stranger)

              •     section 184 (No compensation if damages received)

              •     section 185 (Dependants recovering damages and not claiming compensation).

Maximum penalty: 50 penalty units.

Note     If a form is approved under s 222 for information to be given by an insurer under this provision, the form must be used.

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