Victorian Current Acts

ACCIDENT COMPENSATION ACT 1985 - SECT 126

S. 126(1) amended by No. 67/1992
s. 64(7)(a).

    (1)     If the employer of the worker—

        (a)     cannot be identified;

        (b)     cannot be found;

        (c)     is dead; or

        (d)     is a corporation which has been wound up—

the Authority shall assume that employer's liability under section 125(1)(a).

    (2)     Without derogating from the generality of subsection (1), an employer shall be deemed to be unable to be found if the employer cannot be found at—

        (a)     the last known place of residence of the employer; and

        (b)     the last place of business at which the worker was employed by the employer.

S. 126(3) amended by Nos 64/1989
s. 20(2), 67/1992
s. 64(7)(a).

    (3)     Where the Authority has assumed an employer's liability under subsection (1), the Authority shall be entitled to recover the amount of any compensation paid in discharge of the employer's liability—

        (a)     from any insurer with whom the employer held a policy indemnifying the employer in respect of that liability; or

S. 126(3)(b) substituted by No. 83/1987
s. 68.

        (b)     if the employer is subsequently identified or found, from that employer.

S. 127 amended by Nos 64/1989
s. 20(2), 50/1993
s. 110(2)(a)(b), substituted by No. 50/1994
s. 58.