Australian Capital Territory Current Acts

WORKERS COMPENSATION ACT 1951 - SECT 168A

    (1)     Each year, the DI fund manager must determine the yearly contribution (the annual insurer contribution ) licensed insurers and licensed self-insurers must make to the DI fund based on the following:

        (a)     the DI fund manager's assessment of the DI fund's—

              (i)     existing and expected liabilities; and

              (ii)     assets;

        (b)     the total of the following amounts for the last completed policy period:

              (i)     the gross written premiums for each licensed insurer;

              (ii)     the notional gross written premium for each licensed self-insurer;

        (c)     the amount required to be paid into the DI fund to ensure the sustainable functioning of the fund.

    (2)     The DI fund manager may—

        (a)     apportion liability for the annual insurer contribution among licensed insurers and licensed self-insurers; and

        (b)     determine whether a licensed insurer's or licensed self-insurer's apportioned liability must be paid—

              (i)     quarterly; or

              (ii)     if the DI fund manager considers it necessary for the sustainable functioning of the DI fund—within a time stated by the DI fund manager.

    (3)     The DI fund manager must state the apportioned liability of the annual insurer contribution as a percentage of—

        (a)     for a licensed insurer—the gross written premiums for the insurer; or

        (b)     for a licensed self-insurer—the notional gross written premium for the self-insurer.

    (4)     If the DI fund manager makes an apportionment for a period, the manager must give each licensed insurer and licensed self-insurer a written notice that—

        (a)     sets out details of the apportionment; and

        (b)     requires the insurer or self-insurer to pay to the DI fund the amount apportioned to the insurer or self-insurer within the time for payment stated in the notice.

Note     A licenced insurer issuing a compulsory insurance policy to an employer must include information about the proportion of the premium that is to offset an amount paid by the insurer to the DI fund for the policy (see Workers Compensation Regulation 2002

, s 62A).

    (5)     The time stated for payment in the notice must not be shorter than 30 days after the day the licensed insurer or licensed self-insurer receives the notice.

    (6)     The DI fund manager may amend or revoke a notice given under this section.

    (7)     If an amount apportioned to the licensed insurer or licensed self-insurer is not paid within the time stated for payment in the notice, the amount is a debt owing to the DI fund by the insurer or self-insurer.

Note     An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act

, s 177).

    (8)     The DI fund manager must pay into the DI fund each amount received or recovered under this section from a licensed insurer or licensed self-insurer.

    (9)     In this section:

"policy period" means the period beginning on 1 July in a year and ending on 30 June in the following year.