Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 419

419 WorkCover not to indemnify WorkCover officers

(1) WorkCover must not—

(a) indemnify a person who is or has been a WorkCover officer against a liability incurred as an officer; or

(b) exempt a person who is or has been a WorkCover officer from a liability incurred as an officer.

(2) An instrument is void so far as it provides for WorkCover to do something that subsection (1) prohibits.

(3) Subsection (1) does not prevent WorkCover from indemnifying a person against a civil liability, other than a liability to WorkCover, unless the liability arises out of conduct involving a lack of good faith.

(4) Subsection (1) does not prevent WorkCover from indemnifying a person against a liability for costs and expenses incurred by the person—

(a) in defending a proceeding, whether civil or criminal, in which judgment is given in favour of the person or in which the person is acquitted; or

(b) in connection with an application in relation to a proceeding in which relief is granted to the person by a court.

(5) WorkCover may give an indemnity mentioned in subsection (3) or (4) only with the prior approval of the Minister.

(6) In this section—

"indemnify" includes indemnify indirectly through 1 or more interposed entities.

"WorkCover officer" means—

(a) a WorkCover director; or

(b) WorkCover’s chief executive officer; or

(c) another person who is concerned, or takes part, in WorkCover’s management.