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WORKERS COMPENSATION REGULATION 2003 - REG 197 Uninsured Liability and Indemnity Scheme--modification of provisions of the Act

This legislation has been repealed.

WORKERS COMPENSATION REGULATION 2003 - REG 197

Uninsured Liability and Indemnity Scheme--modification of provisions of the Act

197 Uninsured Liability and Indemnity Scheme--modification of provisions of the Act

For the purposes of section 148 (3) of the Act, the following modifications are made to the provisions of the Act in their application to claims made under the Scheme:

(a) references in sections 40A, 54, 83 and 84 of the 1987 Act and in sections 71, 119, 122, 125 and 126 of the 1998 Act to an insurer, self-insurer or employer are to be read as references to the Authority,
(b) references in sections 11A (8) and 38A of the 1987 Act and in sections 58 and 65 (5) of the 1998 Act to an insurer or self-insurer are to be read as references to the Authority,
(c) in a case where the employer named as a respondent as referred to in section 144 (2) (a) of the Act is a corporation that has ceased to exist or a deceased person whose estate has been distributed--section 144 (2) is to be read as if it also provided that (in such a case) the application is not, subject to any rules of the District Court or the Commission, required to serve a copy of the application on that person,
(d) section 174 (6A) of the Act is to be read as if:
(i) the words ", at the request of an insurer who has issued a policy of insurance to an employer," were omitted, and
(ii) the reference to the insurer were a reference to the Authority or a person authorised by the Authority, and
(iii) section 174 (6B) were omitted,
(e) in section 52A (2) of the Act the reference to the person liable to make the payments is to be read as reference to the Authority, and the reference to the person's intention is to be read as reference to the Authority's intention,
(f) there is to be inserted at the end of section 52A (2) of the Act "This subsection applies whether or not the payments are made under an award or order of the Commission.",
(g) the reference in section 52A (6) of the Act to the worker's employer or the employer's insurer is to be read as a reference to the Authority.