New South Wales Consolidated Acts

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WORKERS COMPENSATION ACT 1987 - SECT 142

Publication of claims etc

142 Publication of claims etc

(cf former s 18C (10)-(13))

(1) The Nominal Insurer may, before considering a claim under this Division, publish a notice of the claim in such manner as the Nominal Insurer considers appropriate.
(2) If notice of a claim is so published, any person who, without reasonable cause, fails to notify the Nominal Insurer within the time specified in the notice that the person is the insurer of the liability in respect of the claim of any person who is an employer within the meaning of this Division in respect of the claimant, or who fails to supply the Nominal Insurer with any information it has which may be material to the matter--
(a) is liable to reimburse the Insurance Fund such amount as the Nominal Insurer has paid out in respect of the claim and any costs incurred in connection with the claim, and
(b) is guilty of an offence and liable to a penalty not exceeding 100 penalty units.
(3) If, in respect of a claim under this Division, a licensed insurer with whom the Nominal Insurer considers the injured worker's employer had a relevant policy of insurance at the relevant time is located, the following provisions apply--
(a) the Nominal Insurer shall supply the insurer with all relevant details of the claim,
(b) the insurer shall, within 14 days of being advised of the claim, either accept or deny liability to indemnify the employer,
(c) if the insurer accepts liability to indemnify the employer, the Nominal Insurer shall--
(i) inform the claimant of the existence of the insurance, and
(ii) transfer the claim documents to the insurer,
(d) if the insurer denies liability to indemnify the employer, or does not either accept or deny liability to indemnify the employer within 14 days of being advised of the claim, the Nominal Insurer shall deal with the claim in the manner provided by this Division.
(4) For the purposes of subsection (3),
"licensed insurer" means a specialised insurer or self-insurer.



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