WORKERS COMPENSATION (DEFAULT INSURANCE FUND) AMENDMENT BILL 2009

Australian Capital Territory Bills

This is a Bill, not an Act. For current law, see the Acts databases.

2009

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Industrial Relations)

Workers Compensation (Default Insurance Fund) Amendment Bill 2009

A Bill for

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.

Note The 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

172A DI 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 2009.

2 Notification

Notified under the Legislation Act on 2009.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au.