Work Injury Compensation Act 2019 · 2020 Revised Edition · Part 3 · Work Injury Compensation Insurance
26. Approved policy
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An approved policy —
approved policy
“approved policy” means a policy of insurance, issued or renewed on or after 1 September 2020, that complies with section 26(1);
must contain all the compulsory terms prescribed for the class of liabilities insured against (called in this section the compulsory terms); and
must not contain any term or condition or endorsement that derogates or purports to derogate from any obligation imposed on the insurer by the compulsory terms of the approved policy.
The Minister may prescribe different sets of compulsory terms for different classes of approved policies, employers, employees, platform operators or platform workers, and the compulsory terms may also require approved policies to cover any other liability of the employer or platform operator (as the case may be) to pay compensation under common law or any other written law for a work injury of an employee or a platform worker, as the case may be.
employer
“employer” means any person (A) who employs an individual (B) under a contract of service and includes —(a)the Government, if B belongs to a class or description of employees of the Government declared to be employees for the purposes of this Act under paragraph (a) of the definition of “employee”;(b)the legal personal representative of A, if A is deceased;(c)a duly authorised agent or manager of A;(d)the person who owns or is carrying on, or for the time being is responsible for the management of, the profession, business, trade or work in which B is engaged; and(e)where B is employed for the purpose of any game or recreation and engaged or paid through a club, the manager or members of the managing committee of that club.
Any insurer that issues to an employer or a platform operator any insurance policy that purports to insure the whole or part of the liability of the employer or platform operator (as the case may be) for compensation under this Act —
is liable to pay that compensation as if the insurance policy contains all the compulsory terms applicable to the class of approved policy purported to be provided; and
to the extent that any term or condition of, or endorsement to, the insurance policy derogates from any obligation imposed on the insurer by the compulsory terms, that term or condition or endorsement is void.
Where an insurer issues to an employer any insurance policy that purports to insure the whole or part of the employer’s liability for compensation under this Act, subsection (3) does not impose any obligation or liability on the insurer to pay any amount in excess of the minimum amount (if any) prescribed for the purposes of section 24(2)(b) that applies to the employer.
Subject to section 47C(4), where an insurer issues to a platform operator any insurance policy that purports to insure the whole or part of the platform operator’s liability for compensation under this Act, subsection (3) does not impose any obligation or liability on the insurer to pay any amount in excess of the minimum amount (if any) prescribed for the purposes of section 34O(2) that applies to the platform operator.
Where an insurer is liable to pay compensation pursuant to subsection (3) in respect of an employer’s liability for compensation under this Act, the references to the employer’s insurer in sections 3(3), 16, 17, 18, 19, 21, 27, 35, 40, 43, 48, 49, 50(1)(b), 51, 52, 54, 58, 63 and 82 apply as if they include references to that insurer.
Where an insurer is liable to pay compensation pursuant to subsection (3) in respect of a platform operator’s liability for compensation under this Act, the references to the platform operator’s insurer in —
sections 18, 19 and 21, as modified by section 34B;
sections 40, 43, 48, 49, 51, 52, 54, 58 and 63, as modified by section 35B; and
sections 16, 17, 27, 34J, 50(1)(b) and 82,apply as if they include references to that insurer.