Victorian Current Acts

WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 36

    (1)     A worker may make an application to the County Court for a declaration under this section.

    (2)     The County Court may make a declaration that the employer—

        (a)     being a natural person, has died, or is permanently resident outside the Commonwealth of Australia and its Territories, or cannot after due inquiry and search be found; or

        (b)     being a corporation (other than a company which is an externally-administered body corporate under the Corporations Act) has ceased to exist; or

        (c)     being a company, corporation, society, association or other body (other than a company which is an externally-administered body corporate under the Corporations Act), was, at the time when it commenced to employ the worker, registered as a foreign company under the Corporations Act and is not, at the time of the declaration, so registered; or

        (d)     being a company, is an externally-administered body corporate under the Corporations Act.

    (3)     If a declaration under this section is in force on the application of a worker, the Authority is deemed to be the employer in respect of the liability of the employer to the worker under this Act and at common law or otherwise.

        Division 3—Entitlement to compensation