Australian Capital Territory Numbered Acts

WORKERS COMPENSATION AMENDMENT ACT 2006 (NO. 4 OF 2006) - SECT 32

substitute

149     DI fund entitled to triple recovery amount

    (1)     If an employer fails to maintain a compulsory insurance policy, the DI fund manager may recover the triple recovery amount as a debt owing by the employer to the DI fund.

    (2)     However, the employer is not liable under subsection (1) for a failure to maintain a compulsory insurance policy in relation to a worker if—

        (a)     the employer believed, on reasonable grounds, that a State was the Territory or State of connection for the employment under the law of a State corresponding to part 4.2A (Employment connection with ACT or State); and

        (b)     the employer had insurance, or was registered, as required under a law of the State in relation to liability for workers compensation under the law of the State.

Note     State includes the Northern Territory (see Legislation Act, dict, pt 1).

    (3)     In this section:

"employer "does not include a self-insurer or non-business employer.

"triple recovery amount" means an amount equal to triple the amount of the premiums that would have been payable to an approved insurer if the employer had maintained a compulsory insurance policy.