WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 420 WorkCover not to pay premiums for certain liabilities of WorkCover officers

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 420

420 WorkCover not to pay premiums for certain liabilities of WorkCover officers

(1) WorkCover must not pay, or agree to pay, a premium in relation to a contract insuring a person who is or has been a WorkCover officer against a liability—

(a) incurred by the person as an officer; and

(b) arising out of conduct involving—

(i) a wilful breach of duty in relation to WorkCover; or

(ii) without limiting subparagraph (i) , a contravention of section 417 (3) or (4) .

(2) Subsection (1) does not apply to a liability for costs and expenses incurred by a person in defending proceedings, whether civil or criminal, and whatever their outcome.

(3) An instrument is void so far as it insures a person against a liability in contravention of subsection (1) .

(4) In this section—


"pay" includes pay indirectly through 1 or more interposed entities.


"WorkCover officer" means—

(a) a WorkCover director; or

(b) WorkCover’s chief executive officer; or

(c) another person who is concerned, or takes part, in WorkCover’s management.