Workers Compensation Act 1951

This section applies if the DI fund manager conducts the defence of a proceeding against an employer for—

a claim for compensation under this Act; or

liability independent of this Act in relation to an injury to, or the death of, a territory worker of the employer.

The DI fund manager may, without the employer’s agreement—

make a decision affecting the interests of the employer in the proceeding; or

consent to judgment against the employer in the proceeding.

However, the DI fund manager must—

tell the employer about the manager’s intention to act under subsection (2) (a) or (b); and

take into account the views (if any) of the employer.

Subsection (3) does not apply if the DI fund manager—

has taken reasonable steps to contact the employer; and

is unable to contact the employer.