Western Australian Consolidated Acts

EMPLOYERS' INDEMNITY SUPPLEMENTATION FUND ACT 1980 - SECT 19

19 .         Claims against Insurance Commission and insurers

        (1)         If, on or after 1 January 1979 — 

            (a)         a final judgment has been given, or an order or award has been made, against an employer in respect of his liability under the Workers’ Compensation and Injury Management Act 1981 or at common law, for an injury to, or the death of, a worker employed by the employer;

            (b)         the liability of the employer under the judgment, order or award referred to in paragraph (a) is covered by an employer’s policy; and

            (c)         the insurer who issued the employer’s policy referred to in paragraph (b) is dissolved under a law of — 

                  (i)         the State; or

                  (ii)         another State, or a Territory, of the Commonwealth,

                or is unable to provide the indemnity required by that employer’s policy to be provided,

                the person in whose favour the judgment, order or award referred to in paragraph (a) was given or made, as the case requires, or, if the employer against whom that judgment, order or award has been given or made has paid the amount of that judgment, order or award, that employer may make a claim against the Insurance Commission for payment or reimbursement, as the case requires, of the amount of that judgment, order or award.

        (2)         If, on or after 1 January 1979 — 

            (a)         a person is entitled to make a claim against an employer, not being a claim relating to a judgment, order or award referred to in subsection (1), that the employer is liable to pay compensation under the Workers’ Compensation and Injury Management Act 1981 , or damages at common law, for an injury to, or the death of, a worker employed by the employer;

            (b)         the liability of the employer referred to in paragraph (a) to pay the compensation or damages referred to in that paragraph is covered by an employer’s policy; and

            (c)         the insurer who issued the employer’s policy referred to in paragraph (b) is dissolved under a law of — 

                  (i)         the State; or

                  (ii)         another State, or a Territory, of the Commonwealth,

                or is unable to provide the indemnity required by that employer’s policy to be provided,

                the person referred to in paragraph (a) or, if the employer against whom that person is entitled to make the claim referred to in that paragraph has paid the amount of compensation or damages sought by that claim, that employer may make a claim against the Insurance Commission for payment or reimbursement, as the case requires, of the amount of compensation or damages referred to in paragraph (a).

        (3)         A person or employer making a claim under subsection (1) or (2) shall — 

            (a)         do so in writing; and

            (b)         lodge the claim with the Insurance Commission, together with a copy of any judgment, order or award to which the claim relates.

        [(4)         deleted]

        (5)         In subsection (2) — 

        compensation includes — 

            (a)         an amount in settlement of a claim for compensation; and

            (b)         all amounts payable under Schedule 1 to the Workers’ Compensation and Injury Management Act 1981 ;

        damages includes an amount in settlement of a claim for damages.

        [Section 19 amended by No. 26 of 1981 s. 6. (as amended by No. 88 of 1981 s. 5); No. 49 of 1982 s. 8; No. 51 of 1986 s. 46(2); No. 1 of 1993 s. 8 and 13; No. 42 of 2004 s. 174.]

[ 20, 21.         Deleted by No. 1 of 1993 s. 9.]