A NSW workers compensation policy in the prescribed Form 3 cannot be read down by reference to the proposal form to limit indemnity to injuries sustained within NSW, because the scope of indemnity is defined by clause 3 of the prescribed form and the statutory framework (s 159(1) and reg 52) precludes implied limitations. Common law damages for employer negligence do not constitute 'compensation in the nature of workers compensation' within the exclusionary clause of sub-clause 3(b).
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
3 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.