Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 101

101 Recovery of ongoing costs from former self-insurer

(1) This section applies if—

(a) a licence is cancelled; and

(b) after the cancellation, WorkCover—

(i) pays compensation or damages for which a self-insurer is liable under section 68C or 87 ; or

(ii) incurs management costs in managing compensation applications or damages actions for the compensation or damages mentioned in subparagraph (i) .

(2) The compensation or damages payments and management costs—

(a) are a debt due to WorkCover by the former self-insurer; and

(b) are payable within 20 business days after WorkCover’s written demand for payment, or a further period allowed by WorkCover.

(3) WorkCover may recover the debt from the former self-insurer’s section 84 security if the former self-insurer—

(a) fails to pay the debt within the period; or

(b) authorises WorkCover to do so in writing.

(4) If subsection (3) applies, WorkCover may, by written notice, ask the Regulator to authorise the release of the amount of the debt to WorkCover from the section 84 security.

(5) The Regulator must make a decision about the release of the amount within 20 business days after being given the request.

(6) In this section—

"management costs" means the reasonable costs of administering the former self-insurer’s claims.