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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3528 ..
18 Court approved termination (ACT WCA s 26E and 26F)
(1) An insurer may apply to the Magistrates Court for leave to end payments of weekly compensation to a worker.
Note An employer must apply to the Magistrates Court if the employer wants to end payments of compensation 1 year or later after the claim is made (see the Act, s 12E).
(2) An insurer must give the worker notice of the insurer's intention to apply to the Magistrates Court for leave to terminate weekly compensation to the worker.
(3) The insurer must give a copy of the notice under subregulation (2) to the nominal insurer as soon as practicable.
Maximum penalty: 5 penalty units.
(4) If the Magistrates Court is satisfied that the worker is not entitled to receive weekly compensation, the court must give leave to the insurer to terminate the payment of the compensation to the worker after a stated day that is at least 8 weeks after the insurer gave the worker notice under subregulation (2).
Part 4 Compulsory insurance policies
Division 4.1 Contents of compulsory insurance policies
19 Meaning of relevant worker in div 4.1
In this division:
106 relevant worker , in relation to a compulsory insurance policy, means a worker who is covered by the policy.
20 Insurer liable
under policyThe compulsory insurance policy must provide that the insurer is liable to pay compensation for each relevant worker who suffers a compensable injury and, if the worker dies as a result of a compensable injury, to any dependent or other person, if the worker, dependent or other person is entitled to compensation under the Act.
21 Insurer bound under policy by judgments etc
The compulsory insurance policy must provide that the insurer is bound by, and subject to, a judgment, order, decision or award given or made against the employer in relation to the compensable injury, or death from the compensable injury, of a relevant worker.22 Insurer to indemnify employer
(1) The compulsory insurance policy must provide that the insurer will indemnify the employer against any amount in relation to which the employer is liable under the Act.
(2) However, the compulsory insurance policy must provide that the insurer will not indemnify the employer for any amount for which the Act expressly states that the employer is not to be indemnified.
Note The employer is liable to pay any amount incurred between the time by which the employer must tell the insurer that an injury has happened and the time the employer tells the insurer that the injury has happened and may not be indemnified by the insurer for the amount (see the Act, s 10Q).
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