Northern Territory Numbered Acts

RETURN TO WORK LEGISLATION AMENDMENT ACT 2015. (NO 25 OF 2015) - SECT 8

After section 7K

insert

Subdivision 2A     Prohibition notices
7KA     Power to issue prohibition notice

    (1)     This section applies if an inspector reasonably believes that a policy of insurance or indemnity required by section 126AA(1) is not in force for an employer who is not a self-insurer.

    (2)     The inspector may give the employer a direction prohibiting the carrying on of the employer's business until an inspector is satisfied that the employer holds the required policy.

    (3)     The direction may be given orally, but must be confirmed by written notice (a prohibition notice ) issued to the employer as soon as practicable after the oral direction.

7KB     Contents of prohibition notice

A prohibition notice must:

    (a)     state that the inspector believes that the employer does not hold the required policy of insurance or indemnity and the reasons for that belief; and

    (b)     include a statement of the effect of section 7KC.

7KC     When employer obtains policy

    (1)     An employer to whom a direction is given under section 7KA(2) or a prohibition notice is issued may, at any time, give evidence to an inspector that the employer is the holder of the required policy of insurance or indemnity.

    (2)     As soon as practicable after the inspector receives the evidence, the inspector must review the evidence and do one of the following:

    (a)     if satisfied that the employer holds the required policy – give the employer written notice that the prohibition notice is no longer in force;

    (b)     otherwise – give the employer written notice as to the deficiencies in the evidence or the policy.

    (3)     A notice under subsection (2)(b) is considered to be a prohibition notice.

7KD     Compliance with prohibition notice

    (1)     An employer commits an offence if the employer contravenes a direction given to the employer under section 7KA(2).

Maximum penalty:     100 penalty units

    (2)     An offence against subsection (1) is an offence of strict liability.

7KE     Continuing offence

    (1)     This section applies if a court has found a person guilty of an offence against section 7KD.

    (2)     The court may, in addition to any penalty imposed for the offence, impose a penalty not exceeding 10 penalty units for each day during which the offence continues after the day the offence is committed.