126When proceedings may be taken against the Nominal Insurer

### 126 When proceedings may be taken against the Nominal Insurer > > (1)  Where – > > > > > > (a) an employer – > > > > > > > > > > (i) has not obtained from a licensed insurer such a policy of insurance as is referred to in [section 97](#GS97@EN) [(1)](#GS97@Gs1@EN) or has failed to maintain in force any such policy so obtained by him; > > > > > > > > > > > (ii) has applied to take, or takes, advantage of any law relating to bankruptcy, or has compounded, or entered into an arrangement, with his creditors; or > > > > > > > > > > > (iii) has left the State and his whereabouts are unknown; > > > > > > > (b) an employer, or the licensed insurer from whom or from which an employer obtained such a policy, is a body corporate and – > > > > > > > > > > (i) the winding-up of the body corporate has commenced; or > > > > > > > > > > > (ii) [*\[Section 126 Subsection (1) amended by No. 42 of 2001, Sched. 1, Applied:15 Jul 2001\]*](/view/html/inforce/2001-07-15/act-2001-042#JS1@Ja75@GC2@EN) a receiver or manager of the property of the body corporate has been appointed, or the body corporate has been placed under administration, under the provisions of the Corporations Act or any corresponding previous enactment; or > > > > > > > (c) for any other reason there are reasonable grounds for believing that an employer or a licensed insurer from whom or from which he has obtained such a policy is, or is likely to be, unable to discharge in full any liability in respect of which such a policy is required under [section 97](#GS97@EN) [(1)](#GS97@Gs1@EN) to be maintained by the employer – > > > > the same claims, whether by way of legal proceedings or not, may be made against the Nominal Insurer in respect of any liability in respect of which such a policy is required under [section 97](#GS97@EN) [(1)](#GS97@Gs1@EN) to be maintained by the employer, and the same judgment may be obtained against the Nominal Insurer, as could, apart from [subsection (3)](#GS126@Gs3@EN) , have been made or obtained against the person by whom the liability was incurred. > > > (2)  Where – > > > > > > (a) a self-insurer – > > > > > > > > > > (i) has applied to take, or takes, advantage of any law relating to bankruptcy, or has compounded, or entered into an arrangement, with his creditors; or > > > > > > > > > > > (ii) has left the State and his whereabouts are unknown; > > > > > > > (b) a self-insurer is a body corporate and – > > > > > > > > > > (i) the winding-up of the body corporate has commenced; or > > > > > > > > > > > (ii) [*\[Section 126 Subsection (2) amended by No. 42 of 2001, Sched. 1, Applied:15 Jul 2001\]*](/view/html/inforce/2001-07-15/act-2001-042#JS1@Ja75@GC2@EN) a receiver or manager of the property of the body corporate has been appointed, or the body corporate has been placed under administration, under the provisions of the Corporations Act or any corresponding previous enactment; or > > > > > > > (c) for any other reason there are reasonable grounds for believing that a self-insurer is, or is likely to be, unable to discharge in full any liability in respect of which, but for the fact that that person was a self-insurer, he would have been required under [section 97](#GS97@EN) [(1)](#GS97@Gs1@EN) to maintain a policy of insurance referred to in that section – > > > > the same claims, whether by way of legal proceedings or not, may be made against the Nominal Insurer in respect of any liability in respect of which he would have been required under [section 97](#GS97@EN) [(1)](#GS97@Gs1@EN) to maintain a policy of insurance and the same judgment may be obtained against the Nominal Insurer, as could, apart from [subsection (3)](#GS126@Gs3@EN) , have been made or obtained against the person by whom the liability was incurred. > > > (3)  Where, in respect of such a liability as is referred to in [section 97](#GS97@EN) [(1)](#GS97@Gs1@EN) [(c)](#GS97@Gs1@Hpc@EN) , the same claims may be made under [subsection (1)](#GS126@Gs1@EN) or [(2)](#GS126@Gs2@EN) against the Nominal Insurer as could, but for this subsection, have been made against the person by whom the liability was incurred, those claims shall not be made against that person.