126Definition

126 Definition adequate policy of insurance or indemnity, in relation to an employer, means a policy of insurance or indemnity that is: (a) issued by an approved insurer; and (b) for the full amount of the employer's liability under this Act to all workers employed by the employer; and (c) for an amount of not less than the amount prescribed by regulation in respect of the employer's liability, independent of this Act, for an injury to a worker in the employer's employ.

Return to Work Act 1986 114 126AA Employer must have adequate insurance (1) An employer, other than a self-insurer, must do the following: (a) obtain an adequate policy of insurance or indemnity; (b) ensure that the adequate policy of insurance or indemnity is in force when the employer carries on business and employs one or more workers. (2) An employer who contravenes subsection (1) commits an offence. (3) An offence against subsection (2) is an offence of strict liability. (4) It is a defence to a prosecution for an offence against subsection (2) 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) there was in force for the employer, 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 that the worker's employment was connected. (5) An additional penalty may be imposed on an employer who is guilty of an offence against subsection (2). (6) The additional penalty must be an amount that does not exceed the amount of the premium that would have been payable by the employer to obtain and maintain in force an adequate policy of insurance or indemnity for the relevant period. (7) For subsection (6), the relevant period is: (a) if the period during which the employer did not have the adequate policy of insurance or indemnity in force is 2 years or more – the last 2 years of the period; or (b) otherwise – the period during which the employer did not have the adequate policy of insurance or indemnity in force.

Return to Work Act 1986 115 126AB Approved insurer must issue or renew policy (1) An approved insurer must not, except with the consent in writing of the Authority, refuse to issue to an employer, or renew, an adequate policy of insurance or indemnity if the employer has: (a) applied for the policy or the renewal of the policy; and (b) tendered the premium for the policy; and (c) complied with the approved conditions. (2) An approved insurer who contravenes subsection (1) commits an (3) An approved insurer commits an offence if: (a) the approved insurer issues to an employer an adequate policy of indemnity or insurance; and (b) the policy contains a provision other than a provision that: (i) is prescribed by regulation; or (ii) is in relation to the employer's liability at common law or under any other law of the Territory and is appropriate for the particular employer and the particular policy; or (iii) complies with a condition imposed by the Authority under section 119, 120 or 121, or imposed by the Authority by way of variation of conditions under section 120A. (4) An offence under subsection (2) or (3) is an offence of strict liability (5) It is a defence to a prosecution for an offence against subsection (2) or (3) if the defendant has a reasonable excuse. (6) A contravention of subsection (2) or (3) does not annul the policy of insurance or diminish or affect the liability of the insurer to the person insured under the policy. (7) An insurer under an adequate policy of insurance or indemnity is liable under the policy as if the policy were in accordance with subsection (3) even if the insurer is not an approved insurer.