(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.