Australian Capital Territory Numbered Acts

WORKERS COMPENSATION AMENDMENT ACT 2009 (NO. 56 OF 2009) - SECT 12

substitute

149     Failure to maintain compulsory insurance policy—chief executive entitled to recovery amount

    (1)     This section applies if an employer fails to maintain a compulsory insurance policy with an approved insurer.

    (2)     However, this section does not apply if—

        (a)     the employer provides evidence that a State was the Territory or State of connection for the employment under the law of a State corresponding to part 4.2A (Employment connection with ACT or State); or

        (b)     the employer had insurance, or was registered, as required under a law of the State in relation to liability for workers compensation under the law of the State.

Note     State includes the Northern Territory (see Legislation Act, dict, pt 1).

    (3)     The chief executive must determine the amount of the premium (the avoided premium ) that would have been payable to an approved insurer if the employer had maintained a compulsory insurance policy for the period that the employer was not insured (up to a maximum of 5 years).

    (4)     The chief executive may determine an amount (a recovery amount ) for the employer equal to—

        (a)     double the avoided premium; or

        (b)     an amount less than double the avoided premium, having regard to the following:

              (i)     whether payment of the recovery amount would cause the employer financial hardship;

              (ii)     whether payment of the recovery amount would cause the employer to stop conducting the employer's business in the ACT;

              (iii)     whether the chief executive is likely to recover the amount;

              (iv)     the employer's history of compliance with its obligations under this Act;

              (v)     whether the employer's failure to maintain a compulsory insurance policy was based on independent advice;

              (vi)     steps the employer has taken to obtain a compulsory insurance policy;

              (vii)     any other material provided by the employer;

              (viii)     any other relevant factor.

Note     The chief executive's determination under s (4) is an internally reviewable decision (see Workers Compensation Regulation 2002 , sch 3, pt 3.2).

    (5)     If the chief executive determines a recovery amount for an employer, the chief executive must give the employer written notice of—

        (a)     the avoided premium; and

        (b)     the recovery amount.

    (6)     The chief executive may recover the recovery amount as a debt owing by the employer to the DI fund.

    (7)     In this section:

"employer "does not include a self-insurer or non-business employer.