South Australian Current Regulations

WORK HEALTH AND SAFETY REGULATIONS 2012 - REG 706

706—Registration of employers

        (1)         For the purposes of subclause (5)(a) of clause 2 of Schedule 5 of the Act, the following criteria are prescribed under subclause (6) of that clause:

            (a)         that the fee or fees paid by a particular person should reflect the aggregate remuneration paid to the person's employees in each class of industry in which the person employs employees (after applying the industry classification or classifications, and any other relevant principles, that apply in relation to the employer under the Return to Work Act 2014 ); and

            (b)         that the fee or fees paid by a person in a particular industry should reflect the risk of work-related injuries in that industry (by applying the industry premium rate that applies in relation to that industry under the Return to Work Act 2014 ).

        (2)         The criteria prescribed under subregulation (1) replace the criteria under subclause (6) of clause 2 of Schedule 5 of the Act.

        (3)         For the purposes of clause 2(10) of Schedule 5 of the Act, the periodical fee that applies under clause 2 of Schedule 5 of the Act is payable by an employer to RTWSA wherever the employer must make a payment of premium under section 144 of the Return to Work Act 2014 or must pay a fee under section 146 of that Act (and if a person fails to pay a fee, or the full amount of a fee, in accordance with this regulation then the unpaid amount will be taken to be unpaid premium or an unpaid fee (as the case requires) under Part 9 of the Return to Work Act 2014 ).

        (4)         No fee is payable in relation to an organisation that is the subject of an exemption under section 114 of the Fair Work Act 1994 .

        (5)         For the purposes of clause 2(2) of Schedule 5 of the Act (and in addition to the persons who are exempt from the obligation to be registered as employers under the Return to Work Act 2014 ), the following persons are exempt from the obligation to be registered as employers under the Act:

            (a)         a person carrying out work in relation to a mine to which the Mines and Works Inspection Act 1920 applies;

            (b)         a person carrying out operations to which the Petroleum and Geothermal Energy Act 2000 or the Petroleum (Submerged Lands) Act 1982 apply.