New South Wales Consolidated Acts

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Inspection of policies

161 Inspection of policies

(cf former s 18A)

(1) The Authority or a person authorised by the Authority may, by notice in writing, require an employer to do either or both of the following--
(a) to produce for inspection (or to supply specified particulars of) the policy of insurance obtained by the employer and in force at a specified date or between specified dates,
(b) to supply such particulars of matters relating to the policy as the Authority or person may consider necessary.
(1A) A reference to the Authority in subsection (1) includes a reference to the Nominal Insurer. However any such notice by the Nominal Insurer may only require information that is necessary for the Nominal Insurer to deal with a claim.
(2) A worker who has received an injury, or has met with an accident in circumstances giving rise to a claim for compensation under this Act, or a solicitor for the time being authorised by the worker to act on behalf of the worker in relation to the claim, or a representative of a union to which the worker belongs, may, by notice in writing, require the employer to make available for inspection a policy of insurance in force in respect of the worker at the time (whether before or after the commencement of this section) when the injury was received or the accident happened.
(3) A person on whom a notice is served under subsection (1) or (2) shall comply with the notice--
(a) within 21 days after service or such longer period as may be specified, or
(b) if the Authority otherwise than in the notice allows a further period for compliance--within the further period.
: Maximum penalty--50 penalty units.
(3A) A person is not liable to be prosecuted both for an offence under section 155 of failing to obtain and maintain in force a policy of insurance and for an offence under this section in respect of a failure to produce that policy of insurance for inspection.
(4) An employer who obtains a policy of insurance shall retain the policy in his or her possession in good order and condition until--
(a) there are no longer any workers in respect of whom the policy is in force, or
(b) the policy is at least 7 years old,
whichever occurs later.
: Maximum penalty--50 penalty units.
(5) In this section--

"employer" , in relation to a worker, includes a principal within the meaning of section 20 who is liable to pay compensation to the worker.

"representative" means an officer of an industrial organisation of employees for the time being authorised under Part 7 of Chapter 5 of the Industrial Relations Act 1996 to exercise powers under that section.

"specified" means specified in the notice concerned.

"union" means an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 .

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