166APurpose of DI fund

166A Purpose of DI fund (1) This section sets out the objects of the DI fund so far as this Act allows. (2) The DI fund must meet the cost of compensation to an injured worker if— (a) the employer of the injured worker does not have a compulsory insurance policy to cover the worker for the claim; or (b) the employer is a prescribed employer and the injured worker is a prescribed worker. Note An injured worker who was a director of the employer at the time of the injury may not make a claim against the fund, unless the injured worker is a prescribed worker and the employer is a prescribed employer (see s 170 (3)). (3) The DI fund must meet the cost of compensation by indemnifying an employer for compensation payable by the employer to an injured worker only if— (a) the employer has a compulsory insurance policy in force that applies to the injured worker for the injury forming the basis of the claim but the policy was issued by a licensed insurer that— (ii) has been wound up; or (b) the employer is a licensed self-insurer and the employer is unable to pay the injured worker’s compensation. (4) The DI fund must meet the cost of an employer’s liability that arises independently of this Act in relation to an injury to, or the death of, a territory worker of the employer by paying an amount that satisfies or discharges the liability to a person entitled to that amount if— (a) the employer of the worker does not have a compulsory insurance policy to cover the liability; or

(b) the employer is a prescribed employer and the territory worker is a prescribed worker. Note An injured worker who was a director of the employer at the time of the injury may not make a claim against the fund, unless the injured worker is a prescribed worker and the employer is a prescribed employer (see s 170 (3)). (5) The DI fund must meet the cost of an employer’s liability arising independently of this Act in relation to an injury to, or the death of, a territory worker of the employer by indemnifying the employer, only if— (a) the employer has a compulsory insurance policy to cover the liability but the policy was issued by a licensed insurer that— (ii) has been wound up; or (b) the employer is a licensed self-insurer and the employer is unable to cover the liability. Note Section 170F, s 170G, s 170H and s 170HB deal with claims for payment against the DI fund for employers’ liability, arising independently of this Act, in relation to injury or death of a territory worker. 166AA DI fund—compensation for imminently fatal asbestos-related disease (1) The DI fund must meet the cost of compensation payable to an injured worker for an injury that is an imminently fatal asbestos-related

(2) If the DI fund pays compensation to an injured worker for an injury that is an imminently fatal asbestos-related disease the DI fund is entitled to recover a recoverable amount from any of the following (a liable party) whether located in or outside the ACT: (a) a current or former employer of the injured worker if the disease was contracted, aggravated, accelerated, or the disease recurred, when the worker was engaged by the employer; (b) an entity liable in tort for the injury; (c) an insurer for an employer mentioned in paragraph (a) or an entity mentioned in paragraph (b). (3) For subsection (2), the recoverable amount is the proportion of the total amount the DI Fund has paid to the injured worker as compensation for the injury for which the liable party is responsible, determined by— (a) written agreement between the DI fund manager and the liable party; or (b) arbitration. (4) A recoverable amount payable by a liable party is a debt owing by the liable party to the DI fund.