Transitional—1979 amendments—recompense to insurer
2G Transitional—1979 amendments—recompense to insurer
S. 2G(1) amended by Nos 10191 s. 258(6)(a), 50/1994 s. 110(c).
An insurer may, and shall, if required by the Authority to do so, pay on behalf of an employer any additional amount payable as compensation by virtue of section 2D(1) or section 2D(2), so far as it relates to rates of compensation.
S. 2G(2) amended by Nos 10191 s. 258(6)(b) (i)–(iii), 50/1994 s. 110(c).
Subsection (1) shall not be construed as permitting the Authority to require an insurer to pay or the insurer to pay the first $500 of any claim in respect of which the employer had elected not to be insured or indemnified pursuant to the provisions of section 72(1)(a) as in force before the appointed day.
S. 2G(3) amended by No. 9613 s. 5(a).
Subject to subsections (3A), (4) and (5), where an insurer pays or is required to pay an amount under subsection (1), the insurer shall be entitled to be recompensed for that additional amount from the Fund.
S. 2G(3A) inserted by No. 9613 s. 5(b).
An insurer shall not be entitled to be recompensed from the Fund for an amount paid or required to be paid under subsection (1) on behalf of an employer which relates to any additional amount payable in respect of an injury of a worker occurring after 1 July 1982.
S. 2G(4) amended by Nos 10191 s. 258(6)(c), 50/1994 s. 110(a).
Where in pursuance of this Act the Board has made, the Tribunal has made or the County Court makes (as the case may be) an award with the consent of the parties to the proceedings before it and the amount of compensation awarded exceeds $36 960, or (as the case requires) that amount as increased or decreased in accordance with the provisions of section 9(3), subsection (3) shall not entitle the insurer to be recompensed from the Fund in respect of the amount by which the amount awarded exceeds $36 960, or (as the case requires) that amount as increased or decreased in accordance with the provisions of section 9(3).
S. 2G(5) amended by Nos 10191 s. 258(6)(d), 50/1994 s. 110(b).
Where, in pursuance of clause 1(b)(iii) under the heading ''The Clauses Referred To'' in section 9, the Board has determined, the Tribunal has determined or the County Court determines (as the case may be) that the total liability of an employer exceeds $36 960, or (as the case requires) that amount as increased or decreased in accordance with section 9(3), subsection (3) shall not entitle the insurer to be recompensed from the Fund in respect of the amount by which the total liability of the employer exceeds $36 960 or (as the case requires) that amount as increased or decreased in accordance with section 9(3).
S. 2H inserted by No. 9297 s. 2.
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