Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts“16. (1) For the purposes of this Part, a prescribed insurance policy is an insurance policy in the form—
(a) set out in Schedule 3; or
(b) approved by the Minister under subsection (2);
for an unlimited amount in respect of any liability of an employer arising under this Act, or independently of this Act, in respect of any injury to, or the death of, each worker employed by the employer.
“(2) The Minister may approve a form of insurance policy for the purposes of paragraph (1) (b)—
(a) in relation to a worker required to travel in the course of employment;
(b) in relation to a worker engaged in domestic duties; or
(c) in relation to any other worker of a type determined in writing by the Minister.
“(3) A prescribed insurance policy may include a provision relating to a liability of the employer other than a liability referred to in subsection (1).
“17. (1) On application by an insurer, accompanied by the determined fee, the Minister shall, by notice in writing to the insurer—
(a) approve the insurer for the purposes of this Act; or
(b) refuse to do so.
“(2) The Minister may, by notice in writing to an approved insurer, revoke the approval from a specified date at least 28 days after the date of the notice.
“17A. (1) Where the approval of an insurer under subsection 17 (1) is revoked, subsections 17B (1) and (2) apply in relation to an insurance policy issued by that insurer at a time when the insurer was so approved as if the insurer was still so approved.
“(2) The revocation of an approval of an insurer under section 17 does not—
(a) annul a policy issued by the insurer before that revocation;
(b) affect the liability of the insurer under such a policy; or
(c) affect the liability of the insurer under section 18H.
“17B. (1) An employer shall at all times maintain a prescribed insurance policy in force with an approved insurer.
Penalty: $5,000.
“(2) Where—
(a) an employer complies with subsection (1); and
(b) while the relevant policy is in force, a Court order is made for the winding up of the insurer under a law of the Territory, a State or another Territory;
the employer shall—
(c) within 30 days after the date of the order, obtain a prescribed insurance policy from another approved insurer; and
(d) maintain that policy in force.
Penalty: $5,000.
“(3) Where 2 or more employers could become liable to pay compensation in respect of the same worker, any of those employers may comply with subsection (1) or (2) in relation to that worker by means of a joint insurance policy in respect of their joint liability.
“(4) In the prosecution of an employer for the contravention of subsection (1) or (2), an averment in the information that there was not in force, on a specified date, a prescribed insurance policy issued by an approved insurer in favour of that employer is evidence of the matter averred.
“(5) Where an employer contravenes subsection (1) or paragraph (2) (c) or (d), the nominal insurer may recover as a debt from the employer the amount of the premiums which would have been payable to an approved insurer if the employer had complied with the relevant provision.
“(6) Where—
(a) an employer contravenes subsection (1) or paragraph (2) (c) or (d); and
(b) the employer maintains an insurance policy in respect of any liability arising under this Act;
that contravention does not—
(c) annul that policy;
(d) affect the liability of the insurer under such a policy; or
(e) affect the liability of the insurer under section 18H.
“(7) This section does not apply in relation to an exempt employer.
“17C. (1) On application in writing by an employer, accompanied by the determined fee, the Minister shall, by notice in writing to the employer—
(a) exempt the employer from compliance with subsections 17B (1) and (2) for a specified period; or
(b) refuse to do so.
“(2) The Minister shall grant an exemption under subsection (1) to an employer if he or she is satisfied, on reasonable grounds, that the employer is able to meet, from the employer's own resources, any liability under this Act.
“(3) The Minister may, by notice in writing to an employer who has been granted an exemption under subsection (1), require the employer, within 28 days after the date of the notice, to show cause why the exemption should not be—
(a) suspended for a period specified in the notice; or
(b) revoked.
“(4) After the expiration of 28 days after the date of a notice under subsection (3), in consideration of any representation made by the relevant employer, the Minister shall, by notice in writing to the employer—
(a) suspend the relevant exemption for the period specified in the notice; or
(b) revoke the exemption;
(as the case requires) from the date specified in the notice, if the Minister is satisfied, on reasonable grounds, that subsection (2) no longer applies in relation to the employer.
“(5) The date of effect of the suspension or revocation of an exemption specified in a notice under subsection (4) is to be at least 14 days after the date of the notice.
“17D. (1) An approved insurer shall not refuse to issue a prescribed insurance policy required by an employer for the purposes of subsection 17B (1) or (2) unless the Minister consents in writing.
Penalty: $10,000.
“(2) An approved insurer shall not issue an insurance policy required by an employer for the purposes of subsection 17B (1) or (2) which is not a prescribed insurance policy.
Penalty: $10,000.
“18. (1) An employer applying to an insurer for the renewal of a prescribed insurance policy shall give the insurer, in relation to the period relevant to the determination of the premium payable for the renewal of the policy—
(a) a certificate from a registered auditor stating the total amount of wages paid to the employer's employees; and
(b) a statutory declaration setting out—
(i) the determined categories of workers employed by the employer; and
(ii) the total amount of wages paid in respect of each of those categories.
Penalty: $5,000.
“(2) Where an employer is a party to an insurance policy in the form set out in Schedule 3, the employer shall give the insurer—
(a) a certificate from a registered auditor; and
(b) a statutory declaration;
of the type, and in the circumstances, provided for under the term of the policy corresponding to paragraph 11 or 13, as the case requires, of the conditions in that form.
Penalty: $5,000.
“(3) A registered auditor who knowingly supplies false, misleading or incomplete information in a certificate provided for the purposes of subsection (1) or (2) is guilty of an offence punishable, on conviction, by a fine not exceeding $5,000 or a term of imprisonment not exceeding 6 months.”.