Australian Capital Territory Numbered Acts

WORKERS COMPENSATION AMENDMENT ACT 2006 (NO. 4 OF 2006) - SECT 9

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86A     Meaning of insurer for ch 5

    (1)     In this chapter:

"insurer" means—

        (a)     an approved insurer; or

        (b)     a self-insurer; or

        (c)     for an injured worker's injury if the insurer that issued a compulsory insurance policy that covers the worker in relation to the injury cannot provide the indemnity required to be provided under the policy—the DI fund; or

        (d)     for an injured worker's injury if there is no compulsory insurance policy that covers the worker in relation to the injury and the worker's employer is not a self-insurer—the DI fund.

Note     The DI fund manager must act as if the DI fund were the insurer in other situations (see s 112 (3)).

    (2)     However, in applying this chapter to the DI fund as insurer—

        (a)     a requirement that the insurer do or not do something is taken to be a requirement that the DI fund manager do or not do the thing; and

        (b)     the manager is not required to comply with section 88 (Insurer to establish etc injury management program) or section 89 (Insurer to give effect to injury management program); and

Note     Also, s 128 (1) (b) does not apply to the DI fund (see s 128 (2)).

        (c)     although otherwise required to comply with this chapter, the manager is not liable to be prosecuted for an offence against this chapter.