Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 105H

105H Recovery of ongoing costs from non-scheme employer

(1) This section applies if, after the continued licence is cancelled, WorkCover—

(a) pays compensation or damages for which the non-scheme employer is liable under section 68C or 87 ; or

(b) incurs management costs in managing compensation applications or damages actions for the compensation or damages mentioned in paragraph (a) .

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

(a) are a debt due to WorkCover by the non-scheme employer; 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 non-scheme employer’s section 84 security if the non-scheme employer—

(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 claims for which the non-scheme employer is liable.