Australian Capital Territory Repealed Acts

This legislation has been repealed.

WORKERS COMPENSATION SUPPLEMENTATION FUND ACT 1980 (REPEALED) - SECT 26

    (1)     If—

        (a)     a final judgment has been given, or an order or award has been made, against an employer in respect of the employer's liability under the Compensation Act, or in respect of the employer's liability independently of that Act, for an injury to, or the death of, a worker employed by the employer; and

        (b)     the liability of the employer under the judgment, order or award is covered by a compulsory insurance policy; and

        (c)     the approved insurer who issued that policy is dissolved under a law of the Territory or of a State or another Territory or is unable to provide the indemnity required by the policy to be provided;

the person in whose favour the judgment was given or the order or award was made may make a claim—

        (d)     where the insurer is dissolved—against the fund; or

        (e)     in any other case—against the insurer;

for payment of the amount of the judgment, order or award.

    (2)     If—

        (a)     a person is entitled to make a claim against an employer, not being a claim relating to a judgment, order or award referred to in subsection (1), that the employer is liable to pay compensation in accordance with the Compensation Act for an injury to, or the death of, a worker employed by the employer; and

        (b)     the liability of the employer to pay the compensation is covered by a compulsory insurance policy; and

        (c)     the approved insurer is dissolved under a law of the Territory or of a State or another Territory or is unable to provide the indemnity required by the policy to be provided;

the person may make a claim—

        (d)     where the insurer is dissolved—against the fund; or

        (e)     in any other case—against the insurer;

for payment of the amount of the compensation.

    (3)     A claim made against an approved insurer under subsection (1) or (2)—

        (a)     shall be in writing; and

        (b)     shall be lodged with the liquidator of the insurer, together with a copy of any judgment, order or award to which the claim relates.

    (4)     A claim made against the fund under subsection (1) or (2)—

        (a)     shall be in writing; and

        (b)     shall be lodged with the manager, together with a copy of any judgment, order or award to which the claim relates.

    (5)     In this section:

"compensation" includes an amount in settlement of a claim for compensation.