Australian Capital Territory Numbered Acts

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WORKERS COMPENSATION (DEFAULT INSURANCE FUND) AMENDMENT ACT 2009 (NO 2) (NO. 38 OF 2009) - SECT 6

Section 166A

substitute

166A     Purpose of DI fund

    (1)     This section sets out the objects of the DI fund so far as this Act allows.

    (2)     The DI fund must meet the cost of compensation to an injured worker if the employer of the injured worker does not have a compulsory insurance policy to cover the worker for the claim.

    (3)     The DI fund must meet the cost of compensation by indemnifying an employer for compensation payable by the employer to an injured worker only if—

        (a)     the employer has a compulsory insurance policy in force that applies to the injured worker for the injury forming the basis of the claim but the policy was issued by an insurer that—

              (i)     cannot provide the indemnity required to be provided under the policy; or

              (ii)     has been wound up; or

        (b)     the employer is a self insurer and the employer is unable to pay the injured worker's compensation.

    (4)     The DI fund must meet the cost of an employer's liability that arises independently of this Act in relation to an injury to, or the death of, a territory worker of the employer if the employer of the worker does not have a compulsory insurance policy to cover the liability, by paying an amount that satisfies or discharges the liability to a person entitled to that amount.

    (5)     The DI fund must meet the cost of an employer's liability arising independently of this Act in relation to an injury to, or the death of, a territory worker of the employer by indemnifying the employer, only if—

        (a)     the employer has a compulsory insurance policy to cover the liability but the policy was issued by an insurer that—

              (i)     cannot provide the indemnity required to be provided under the policy; or

              (ii)     has been wound up; or

        (b)     the employer is a self insurer and the employer is unable to cover the liability.

Note     Section 170F, s 170G, s 170H and s 170HB deal with claims for payment against the DI fund for employers' liability, arising independently of this Act, in relation to injury or death of a territory worker.



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