New South Wales Consolidated Acts

WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 9A

9A Application of Act in respect of coal industry

(1) The workers compensation company (within the meaning of the Coal Industry Act 2001 ) is taken to be a licensed insurer that is a specialised insurer under, and for the purposes of, this Act.

(2) However, the following provisions of this Act do not apply to or in respect of the workers compensation company--

(a) sections 146 and 146A,

(b) Parts 3, 4, 5, 6, 7, 8 and 9 of Chapter 5.

(3) For avoidance of doubt--

(a) an employee of an employer in the coal industry is not eligible to make a claim under Part 9 of Chapter 5, and

(b) a person who is taken, under Schedule 1, to be a worker employed by another person is not entitled to make a claim referred to in paragraph (a) if the other person by whom the person is taken to be employed is engaged in the coal industry.

(4) The workers compensation company is taken to be the insurer under this Act of all employers in the coal industry (whether or not any such employer maintains a policy of insurance with that company).

(5) In this section--

"employer in the coal industry" has the same meaning as in the Coal Industry Act 2001 .