Workers Compensation Act 1987

(Repealed)

A liability in respect of a claim under this Division may not be commuted to a lump sum with the agreement of the worker unless the Nominal Insurer—

has given the employer notice of the proposed agreement and has given the employer a reasonable opportunity to make submissions to the Nominal Insurer with respect to the matter, and

has taken into account any submissions so made to the Nominal Insurer.

Subsection (2) does not apply if the worker has been unable, after due search and inquiry, to identify the relevant employer.

In the case of commutation by determination of the Commission under section 87G (Commutation when worker legally incapacitated), the Commission may on the application of the employer, if the Commission thinks fit, refuse to make such a determination in respect of a liability that is the subject of a claim under this Division.

The making of such an application by the employer in no way fetters the discretion of the Commission to make the determination, and a commutation made in consequence of the determination is binding on the employer whether or not the employer has made such an application.

The Nominal Insurer may apply for registration of a commutation agreement under section 87H as a party to the agreement.