New South Wales Consolidated Acts

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WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 35

Payments into and from Fund

35 Payments into and from Fund

(cf 1989 s 19)

(1) The following is to be paid into the Workers Compensation Operational Fund--
(a) money contributed by insurers, self-insurers and deemed insurers under Division 2,
(a1) money approved by the Minister to be paid into the Fund from the Insurance Fund under subsection (1A),
(a2) the investment earnings accruing from the investment of the Fund,
(b) money required to be paid into the Fund by or under this or any other Act,
(c) all other money received by the Authority and not otherwise appropriated.
(1A) The Minister may approve the payment into the Fund of amounts from the Insurance Fund having regard to the estimates, provisions and determinations made by the Authority under section 38 and any need for additional funding to provide for the proper exercise of the Authority's functions.
(2) The following is to be paid from the Workers Compensation Operational Fund--
(a) the remuneration, allowances, office accommodation and other associated costs of the Board of the Authority and the members of staff of the Authority to the extent that those costs relate to the administration of this Act and the 1987 Act,
(b) the remuneration, allowances, office accommodation and other associated costs of SafeWork NSW,
(c) the remuneration of the Independent Review Officer and staff of the Independent Review Officer and costs incurred in connection with the exercise of the functions of the Independent Review Officer arising under the Workers Compensation Acts,
(e1) the costs associated with the establishment and operation of the Workers Compensation Division of the Commission arising from the Workers Compensation Acts, including--
(i) the expenditure incurred by the Commission in providing medical assessments and reviews of medical assessments for the purposes of those Acts, and
(ii) the expenditure incurred by the Commission in providing services (including mediation services) in respect of claims for work injury damages,
(f) payments required to be made under section 35A (Residual and ongoing costs of Compensation Court jurisdiction),
(g) all payments required to meet expenditure incurred in relation to the functions of the Authority,
(h) all other money required by or under this or any other Act to be paid from the Fund.
(3) The maximum amount payable from the Workers Compensation Operational Fund for the costs of operation of the Compensation Court is to be the amount determined by the Minister administering the Compensation Court Act 1984 after consultation with the Minister administering this Act.
(4) The Authority may pay from the Fund into the Insurance Fund any amount by which the Authority determines the Fund to be in surplus from time to time. Any such surplus may be paid to the Insurance Fund by transfer of any investment held by the Fund (as an alternative to the payment of money).



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