Victorian Current Acts Victorian Current ActsS. 16(1) substituted by Nos 8733 s. 8(a), 9613 s. 9, amended by Nos 10191 s. 260(2)(a), 67/1992 s. 64(11)(a).
(1) Where the employer of the worker—
(a) cannot be identified; or
(b) is dead or cannot be found or (in the case of a company) has been wound up—
any claim for compensation shall be made against a nominal defendant to be named by the County Court or Administrative Appeals Tribunal.
S. 16(1A) inserted by No. 9613 s. 9.
(1A) Without affecting the generality of subsection (1), where the employer cannot be found at the last known place of abode or the registered office of the employer or the last place of business at which the worker was employed by the employer, the employer shall be deemed to be unable to be found and subsection (1) shall apply to and in relation to the worker accordingly.
S. 16(2) amended by Nos 8733 s. 8(b), 10191 s. 260(2)(a)(b), 67/1992 s. 64(11)(a)(d) (as amended by No. 50/1993 s. 111(2)(e)), 50/1994 s. 112.
(2) The nominal defendant shall not be liable to pay any compensation but the same shall be paid by the insurer with whom the employer was insured at the relevant time in respect of liability to pay compensation under this Act or, if such insurer cannot be determined to the satisfaction of the County Court or Administrative Appeals Tribunal, then out of the Fund.
S. 16(3) inserted by No. 6986 s. 4, amended by Nos 10191
s. 260(2)(a), 67/1992 s. 64(11)(a),
107/1997
s. 76(1).
(3) A nominal defendant named by the County Court or Administrative Appeals Tribunal for the purposes of this section who is not an insurer with which the employer was insured at the relevant time shall be entitled to such amount as the County Court or Administrative Appeals Tribunal thinks proper for his costs and expenses in that behalf.
S. 16(4) inserted by No. 6986 s. 4, substituted by Nos 10191 s. 260(2)(c), 67/1992 s. 64(11)(d) (as amended by No. 50/1993 s. 111(2)(e)), amended by No. 50/1994 s. 112.
(4) An amount under subsection (3) shall be paid out of the Fund.
S. 16(5) inserted by No. 6986 s. 4, substituted by No. 10089 s. 4(1), amended by Nos 10191 s. 260(a)(d), 67/1992 s. 64(11)(a), repealed by No. 50/1994 s. 115.
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No. 5601 s. 17.