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WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 90
Consequences of change in self-insurer’s membership
90 Consequences of change in self-insurer’s membership
(1) If a member leaves a self-insurer that is a group employer and becomes
part of another self-insurer (the
"other self-insurer" ), the self-insurer must pay the other self-insurer an
amount for the member’s total liability.
(2) For subsection (1) , the
other self-insurer is liable for compensation and damages for the member’s
total liability from the day the Regulator approves the application from the
other self-insurer for a change in its group membership.
(3) If members leave
a self-insurer that is a related bodies corporate group employer and become a
self-insurer that is a related bodies corporate group employer (the
"new self-insurer" ), the self-insurer must pay the new self-insurer an amount
for the members’ total liability.
(4) For subsection (3) , the
new self-insurer is liable for compensation and damages for its total
liability from the day the Regulator approves the new self-insurer’s
application to be a self-insurer.
(5) If a member leaves a self-insurer that
is a group employer and does not become part of another self-insurer, the
self-insurer must pay WorkCover an amount for the member’s total liability.
(6) For subsection (5) , WorkCover is liable for compensation and damages for
the member’s total liability from the day the Regulator approves the
application for a change in the group membership.
(7) If an employer becomes
part of a self-insurer, other than under subsection (1) , WorkCover must pay
the self-insurer an amount for the employer’s total liability.
(8) For
subsection (7) , the self-insurer is liable for compensation and damages for
the employer’s total liability from the day the Regulator approves the
application for a change in the group membership.
(9) The total liability
mentioned in subsection (1) , (3) , (5) or (7) must be— (a) calculated in
the way prescribed under a regulation by an actuary approved by the Regulator;
and
(b) paid within the time allowed under a regulation.
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