Return to Work Act 1986
135Act of employer not defence of approved insurer
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135 Act of employer not defence of approved insurer (1) It shall not be a defence by an approved insurer to a claim under section 132 that he or she is not liable under the policy of insurance or indemnity by reason of an act of the employer who has defaulted in payment of the compensation. (2) Without limiting the generality of subsection (1), it shall not be a defence by an approved insurer to a claim under section 132 that he or she is not liable under the policy of insurance or indemnity merely because: (a) the policy was obtained by a false statement or misrepresentation or non-disclosure, whether fraudulent, material or otherwise; or (b) the employer who is insured under the policy has committed a breach of, or has failed to comply with, a term, condition or warranty of that policy; or (c) the employer who is insured under the policy has committed a breach of, or has failed to comply with, a provision of this Act or a law in force in the Territory relating to the employment of workers.