Northern Territory Consolidated Acts

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RETURN TO WORK ACT 1986 - SECT 167

Claims for payment against Nominal Insurer when employer dead, wound up, etc.

    (1)     Subject to this Part and Part 5, a person may make a claim for compensation against the Nominal Insurer if the following conditions are met:

        (a)     the person claims to be entitled to compensation from an employer:

            (i)     who employed a worker at the time the worker sustained a compensable injury; or

            (ii)     if the compensable injury is a disease – who last employed the worker in the employment that caused the disease;

        (b)     the employer is dead, cannot be located or, in the case of a company, has been wound up;

        (c)     the approved insurer of that employer cannot be identified;

        (d)     a principal contractor, within the meaning of section 127, is not liable under that section to pay the compensation.

    (2)     A person may also make a claim for compensation against the Nominal Insurer if:

        (a)     the person claims to be entitled to compensation from an employer; and

        (b)     the liability of the employer to pay the compensation is not covered in full by one or more policies of insurance or indemnity in accordance with this Act.



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