Australian Capital Territory Numbered Acts

WORKERS COMPENSATION (DEFAULT INSURANCE FUND) AMENDMENT ACT 2009 (NO 2) (NO. 38 OF 2009) - SECT 13

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168AA     Supplementary contributions to DI fund by approved insurers and self-insurers

    (1)     This section applies if—

        (a)     the DI fund manager has made a determination of the annual insurer contribution for a year under section 168A (1); and

        (b)     after the determination was made an unusual claim or class of claim (an unexpected claim ) that was not reasonably foreseeable at the time the determination was made—

              (i)     is brought against the DI fund in the year; and

              (ii)     is, in the opinion of the DI fund manager, a claim that will be settled in the year; and

        (c)     the DI fund manager is of the opinion that the DI fund cannot meet the cost of the unexpected claim.

    (2)     The DI fund manager must determine and apportion a supplementary annual insurer contribution that approved insurers and self-insurers must make to the DI fund to allow the fund to meet the cost of the unexpected claim for the year.

    (3)     Section 168A (2) and (3) apply to the apportionment of a supplementary annual insurer contribution under this section as if the contribution were an annual insurer contribution.