Workers Compensation Act 1951

This section applies if—

a licensed insurer cannot provide to an employer the indemnity required to be provided by a compulsory insurance policy issued by the insurer to the employer; and

any part of the employer’s liability is met by an amount paid out of the DI fund under this Act; and

all or part of the amount (the unrecovered amount) is not recovered by the DI fund manager under section 169A or section 169B.

The DI fund manager has the same rights against the insurer as the employer in relation to the unrecovered amount.