New South Wales Consolidated Acts

WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 230A

230A Premium Discount Schemes

(1) The Authority or the Nominal Insurer may establish a Premium Discount Scheme to encourage employers to improve work health and safety and injury management performance so as to minimise the financial and social costs of workplace injury.

(2) A Premium Discount Scheme can provide for any of the following--

(a) the conditions or requirements that must be met to be eligible to participate in the scheme,

(b) the awarding to employers who participate in the scheme of discounts on the premiums payable by them for policies of insurance under this Act or the 1987 Act,

(c) the approval of persons (
"approved persons" ) to exercise functions under the scheme, including the function of awarding premium discounts under the scheme to employers, and the suspension or withdrawal of any such approval,

(d) the regulation of the conduct and activities of approved persons and employers under the scheme,

(e) the review and measurement of the work health and safety and injury management performance of approved persons and employers participating in the scheme,

(f) the authorisation of different approved persons to award different levels of premium discounts, depending on such factors as the Authority or the Nominal Insurer determines.

(3) The regulations may make provision for or with respect to premium discount schemes.

(4) In particular (but without limiting the generality of subsection (3)) the regulations may do any of the following--

(a) make provision for or with respect to any of the matters provided for in subsection (2),

(b) provide for an administrative review by the Civil and Administrative Tribunal under the Administrative Decisions Review Act 1997 of specified decisions made by the Authority or the Nominal Insurer in connection with the operation of a Premium Discount Scheme,

(c) create offences punishable by a penalty not exceeding 50 penalty units.

(4A) The Minister is not to recommend the making of a regulation containing provisions for the purposes of subsection (4) (b) unless the Minister certifies that the Minister administering the Civil and Administrative Tribunal Act 2013 has agreed to the provisions.

(8) The Authority is to review the effectiveness of the first Premium Discount Scheme after the Scheme has been in operation for 12 months. The review is to include consideration of the introduction of no-claim bonuses.