Workers Compensation Act 1951

This section sets out the objects of the DI fund so far as this Act allows.

The DI fund must meet the cost of compensation to an injured worker if—

the employer of the injured worker does not have a compulsory insurance policy to cover the worker for the claim; or

the employer is a prescribed employer and the injured worker is a prescribed worker.

Note An injured worker who was a director of the employer at the time of the injury may not make a claim against the fund, unless the injured worker is a prescribed worker and the employer is a prescribed employer (see s 170 (3)).

The DI fund must meet the cost of compensation by indemnifying an employer for compensation payable by the employer to an injured worker only if—

the employer has a compulsory insurance policy in force that applies to the injured worker for the injury forming the basis of the claim but the policy was issued by a licensed insurer that—

cannot provide the indemnity required to be provided under the policy; or

has been wound up; or

the employer is a licensed self-insurer and the employer is unable to pay the injured worker’s compensation.

The DI fund must meet the cost of an employer’s liability that arises independently of this Act in relation to an injury to, or the death of, a territory worker of the employer by paying an amount that satisfies or discharges the liability to a person entitled to that amount if—

the employer of the worker does not have a compulsory insurance policy to cover the liability; or

the employer is a prescribed employer and the territory worker is a prescribed worker.

Note An injured worker who was a director of the employer at the time of the injury may not make a claim against the fund, unless the injured worker is a prescribed worker and the employer is a prescribed employer (see s 170 (3)).

The DI fund must meet the cost of an employer’s liability arising independently of this Act in relation to an injury to, or the death of, a territory worker of the employer by indemnifying the employer, only if—

the employer has a compulsory insurance policy to cover the liability but the policy was issued by a licensed insurer that—

cannot provide the indemnity required to be provided under the policy; or

has been wound up; or

the employer is a licensed self-insurer and the employer is unable to cover the liability.

Note Section 170F, s 170G, s 170H and s 170HB deal with claims for payment against the DI fund for employers’ liability, arising independently of this Act, in relation to injury or death of a territory worker.