Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) Every employer who is not a self-insurer shall obtain from an approved insurer a policy of insurance or indemnity for the full amount of his or her liability under this Act to all workers employed by him or her and for an amount of not less than the prescribed amount in respect of his or her liability independently of this Act for an injury to a worker in his or her employ, and shall maintain such policy in force.
Maximum penalty: 255 penalty units.
Default maximum penalty: 17 penalty units.
(2) In a prosecution for an offence of contravening or failing to comply with subsection (1) in which it is alleged that an employer was not, at a particular time, the holder of a policy of insurance or indemnity or a self-insurer, the allegation of that fact in the complaint is prima facie evidence of that fact.
(2A) It is a defence to a prosecution for an offence against subsection (1) if the Court is satisfied that at the time of the alleged offence:
(a) the employer believed on reasonable grounds that the employer could not be liable under this Act in respect of the worker because the worker was not a Territory worker; and
(b) the employer had, in respect of the worker's employment, insurance or registration required in respect of liability for statutory workers compensation under the law of the jurisdiction with which the employer believed on reasonable grounds the worker's employment was connected.
(2B) Section 31 of the Criminal Code does not apply in relation to an offence against subsection (1).
(3) An approved insurer shall not, except with the consent in writing of the Authority, refuse to issue or renew a policy of insurance or indemnity referred to in subsection (1) to an employer who has tendered the premium for such a policy and who has complied with the approved conditions.
Maximum penalty: 255 penalty units.
Default maximum penalty: 17 penalty units.
(4) An approved insurer shall ensure that each policy of insurance or indemnity referred to in subsection (1) issued by him or her is in accordance with Schedule 2 and does not contain provisions other than those in that Schedule except in relation to the employer's liability at common law or under any other law of the Territory and which are appropriate in the particular case.
Maximum penalty: 125 penalty units.
(5) A contravention of subsection (4) does not annul the policy of insurance or diminish or affect the liability of the insurer to the person insured under the policy.
(6) Notwithstanding a contravention of section 125(1)(b) , an insurer under a policy of insurance or indemnity referred to in subsection (1) is liable under the policy as if the policy were in accordance with subsection (4).
(7) An offence against subsection (3) or (4) is a regulatory offence.
(8) Where an employer is found guilty of an offence against subsection (1), the court may, in addition to a penalty imposed under subsection (1) impose a penalty not exceeding an amount equal to the amount of the premium that would have been payable by that employer if he or she had obtained, in respect of the period or, where that period exceeds 2 years the last 2 years of the period, during which he or she has failed to comply with subsection (1), a policy of insurance or indemnity in accordance with that subsection.