Victorian Consolidated Legislation

Accident Compensation (WorkCover Insurance) Act 1993 - SECT 14

Employer ceasing to exist

14. Employer ceasing to exist



(1) A worker may make an application to the County Court for a declaration
under this section.

(2) The County Court may make a declaration that-

   (a)  an employer has entered into a policy of insurance with an authorised
        insurer named in the declaration or with the Authority; and

   (b)  the employer-

   (i)  being a natural person, has died, or is permanently resident outside
        the Commonwealth of Australia and its Territories, or cannot after due
        inquiry and search be found;

   (ii) being a corporation (other than a company which has commenced to be
        wound up) has ceased to exist;

   (iii) being a company, corporation, society, association or other body
        (other than a company which has commenced to be wound up), was at the
        time when it commenced to employ the worker incorporated outside the
        Commonwealth of Australia and its Territories and registered as a
        foreign company under the laws of any State or Territory of the
        Commonwealth of Australia and is not at the time of the declaration so
        registered under any such law; or

   (iv) being a company, has commenced to be wound up after entering into the
        policy of insurance with the authorised insurer.

(3) If a declaration is in force under this section, there is deemed to be a
policy of insurance between the authorised insurer referred to in the
declaration and the employer of the worker or between the Authority and the
employer of the worker in respect of the liability of the employer to the
worker under the Accident Compensation Act 1985 and at common law or
otherwise.