Victorian Numbered Acts

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Eligible subsidiary of self-insurer becomes a non-WorkCover employer

For section 409(3), (4), (5) and (6) of the Workplace Injury Rehabilitation and Compensation Act 2013 substitute

    "(3)     On and from the date the employer becomes a non-WorkCover employer, the self-insurer retains liability for, and the responsibility for management of, the tail claims of the employer until the self-insurer ceases to be a self-insurer.

    (4)     In this section, tail claim of an employer that ceases to be an eligible subsidiary of a self-insurer means—

        (a)     a claim, regardless of when made, in respect of an injury or death incurred or suffered by a worker employed by the employer while the employer was an eligible subsidiary of a self-insurer and     which entitles that worker, the dependants of that worker or the members of that worker's family to compensation or any other payments under this Act (other than section 576 or 578) or the Accident Compensation Act 1985 or damages at common law as permitted by and in accordance with Division 2 of Part 7 (other than sections 348 to 356 inclusive) or section 366 or section 134AB or 135C of the Accident Compensation Act 1985 ; or

        (b)     a claim of the employer that ceases to be an eligible subsidiary of the self-insurer for which the self-insurer assumed liability for, and the responsibility for management of, under section 395, 396, 397 or 398.".

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