Workers Compensation Act 1951

In this chapter:

a licensed insurer; or

a licensed self-insurer; or

for an injured worker’s injury if the licensed insurer that issued a compulsory insurance policy that covers the worker in relation to the injury cannot provide the indemnity required to be provided under the policy—the DI fund; or

for an injured worker’s injury if there is no compulsory insurance policy that covers the worker in relation to the injury and the worker’s employer is not a licensed self-insurer—the DI fund.

The DI fund manager must act as if the DI fund were the licensed insurer in other situations (see s 112 (3)).

However, in applying this chapter to the DI fund as insurer—

a requirement that the licensed insurer do or not do something is taken to be a requirement that the DI fund manager do or not do the thing; and

the manager is not required to comply with section 88 (Insurer to establish etc injury management program) or section 89 (Insurer to give effect to injury management program); and

Also, s 128 (1) (b) does not apply to the DI fund (see s 128 (2)).

although otherwise required to comply with this chapter, the manager is not liable to be prosecuted for an offence against this chapter.