Workers Compensation (Default Insurance Fund) Amendment Act 2009 (ACT)

Workers Compensation (Default Insurance Fund) Amendment Act 2009

A2009-23

An Act to amend the Workers Compensation Act 1951

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Workers Compensation (Default Insurance Fund) Amendment Act 2009.

2. Commencement

   This Act commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This Act amends the Workers Compensation Act 1951.

4. DI fund manager not to consent to judgment etc unless defendant agrees
   Section 170O

   omit

5. New section 172A

   insert

172ADI fund manager may consent to judgment etc

(1)This section applies if the DI fund manager conducts the defence of a proceeding against an employer for—

(a)a claim for compensation under this Act; or

(b)liability independent of this Act in relation to an injury to, or the death of, a territory worker of the employer.

(2)The DI fund manager may, without the employer’s agreement—

(a)make a decision affecting the interests of the employer in the proceeding; or

(b)consent to judgment against the employer in the proceeding.

(3)However, the DI fund manager must—

(a)tell the employer about the manager’s intention to act under subsection (2) (a) or (b); and

(b)take into account the views (if any) of the employer.

(4)Subsection (3) does not apply if the DI fund manager—

(a)has taken reasonable steps to contact the employer; and

(b)is unable to contact the employer.

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 25 June 2009.

2. Notification

   Notified under the Legislation Act on 2 September 2009.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Workers Compensation (Default Insurance Fund) Amendment Bill 2009, which was passed by the Legislative Assembly on 20 August 2009.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2009