Work Injury Compensation Act 2019 · 2020 Revised Edition · Part 4 · Compensation Process
45. Directions by Commissioner on designated employer’s insurer’s denial of coverage
Feedback & supportLast amended by an amending law of 2024.
Where an employer’s insurer gives notice to the Commissioner under section 44(2) denying, in whole or in part, that the employer’s liability under this Act in relation to the accident is insured by the employer’s insurer, the Commissioner may do any of the following:
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.
direct the employer to give notice of the accident to another designated employer’s insurer with whom the employer has 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);
give notice that the Commissioner will process the claim under Division 3 of this Part, and direct the employer’s insurer or the employer or both to do anything to facilitate the processing of the claim by the Commissioner;
Commissioner
“Commissioner” means the Commissioner for Labour appointed under section 3 of the Employment Act 1968;
direct the employer’s insurer to continue to process the claim under this Division and issue a notice of computation in accordance with section 44(3).
claim
“claim” means a claim for compensation under this Act and includes a deemed claim under section 35;