136Recovery by approved insurer from employer

136 Recovery by approved insurer from employer (1) Subject to subsection (2), an approved insurer may, in addition to any other right or remedy he or she may have, recover from an employer referred to in section 132(1) so much of: (a) an amount which the approved insurer has paid pursuant to section 133; and (b) the cost of expenses reasonably incurred by the approved insurer,

Return to Work Act 1986 123 as the approved insurer has paid under or in consequence of a policy of insurance or indemnity where there has been: (c) a false statement or misrepresentation or non-disclosure in obtaining the policy; or (d) a contravention by that employer of a term, condition or warranty of the policy, a provision of this Act or a law in force in the Territory relating to the employment of workers. (2) An approved insurer shall not be entitled to recover moneys under subsection (1) unless the court in which the proceedings for recovery of the moneys are taken is satisfied: (a) where there has been a false statement or misrepresentation or non-disclosure in obtaining the policy – that the false statement or misrepresentation or non-disclosure, whether fraudulent or otherwise, was in relation to some fact or thing of such a nature as would have justified the approved insurer charging a higher premium in respect of the policy than the premium paid or payable by the employer; or (b) where there has been a contravention of a term, condition, warranty or provision referred to in subsection (1)(d) – that the contravention was such that it contributed materially to the circumstances in which the approved insurer agreed to pay or otherwise became liable to pay the moneys sought to be recovered.