Special provision for common law liabilities under pre-1995 policies
151AAA Special provision for common law liabilities under pre-1995 policies
A policy of insurance issued before 1 September 1995 (including a policy issued under the former Act) operates in respect of a liability of the employer for an injury to a worker that arises independently of this Act or the former Act as if the liability arose at the time of injury.
Note.
1 September 1995 was the commencement date of the Workers Compensation (General) Regulation 1995 which adopted a new form of workers compensation insurance policy that made it clear that the policy covered a common law liability of the employer for an injury to a worker received during the term of the policy even if liability in respect of the injury arose after the period for which the policy was in force.
This section does not apply to a liability in respect of an occupational disease within the meaning of section 151AB.
This Act’s bill:Explanatory memorandum
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