South Australian Numbered Acts South Australian Numbered Acts36—Amendment of section 60—Self-insured employers
(1)
Section 60(1)—delete "an exempt employer or as a group of exempt" and
substitute:
a self-insured employer or as a group of self-insured
(2)
Section 60(2)(a)(i)—delete "employing more than the prescribed number of
workers"
(3)
Section 60(2)(b)—delete paragraph (b) and substitute:
(b) in
the case of an application by a group—
(i)
the members of the group are related bodies corporate or
local government corporations; and
(ii)
if the members of the group are
related bodies corporate—no related body corporate of any member of the
group that employs a worker or workers in employment to which this Act applies
is not a member of the group.
(4)
Section 60(3)(b)(i)—delete "exempt" and substitute:
self-insured
(5)
Section 60(3)—delete "an exempt employer or a group of exempt" and
substitute
a self-insured employer or a group of self-insured
(6)
Section 60(4)(a)(i)—delete "exempt" wherever occurring and substitute in
each case:
self-insured
(7)
Section 60(4)(b)—delete "exemption was granted" and substitute:
self-insured status was conferred
(8)
Section 60(4)(b)—delete "exemption" second occurring and substitute:
conferral
(9)
Section 60(4)—after paragraph (b) insert:
(ba)
where self-insured status was conferred on a group of related bodies
corporate—is subject to the condition that there is at no time a related
body corporate to any member of the group that employs a worker or workers in
employment to which this Act applies that is not a member of the group; and
(bb) is
subject to a condition that the self-insured employer will comply with any
code of conduct for self-insured employers determined by the Corporation from
time to time and published in the Gazette; and
(10)
Section 60—after subsection (4) insert:
(4a) The Corporation
may, at any time, on the application of 2 or more self-insured employers,
amend the registration of each self-insured employer so as to form a group on
the ground that they are now related bodies corporate.
(4b) The Corporation
may, at any time, on application by a group of self-insured employers, amend
the registration of the group in order to—
(a) add
another body corporate to the group (on the ground that the body corporate is
now a related body corporate); or
(b)
remove a body corporate from the group (on the ground that the body corporate
is no longer a related body corporate); or
(c)
amalgamate the registration of 2 or more groups (on the ground that all the
bodies corporate are now related bodies corporate); or
(d)
divide the registration of a group into 2 or more new groups (on the ground
that the bodies corporate have separated into 2 or more groups of related
bodies corporate).
(11)
Section 60(5)—delete subsection (5) and substitute:
(5) The Corporation
may revoke the registration of a self-insured employer or group of
self-insured employers, or reduce the period of registration, if the employer,
or a member of the group, (as the case requires) breaches or fails to comply
with this Act or a term or condition of registration.
(12)
Section 60(6)—delete "an exempt" and substitute:
a self-insured
(13)
Section 60(6)—before paragraph (a) insert:
(aa) the
number of employees employed by the employer or group;
(14)
Section 60(6)—delete "exempt" second occurring and substitute:
self-insured
(15)
Section 60(7)—delete "exempt" and substitute:
self-insured
(16)
Section 60—after subsection (7) insert:
(7a) The Corporation
may, on application by a group of self-insured employers, accept the
nomination of another member of the group as the relevant employer under
subsection (7).
(17) Section 60(9),
definition of "related corporations —delete the definition and
substitute:
"related bodies corporate" means—
(a) in
the case of corporations—bodies corporate that are related
bodies corporate under section 50 of the Corporations Act 2001 of the
Commonwealth;
(b) in
the case of any other kind of bodies corporate—bodies corporate that are
associated entities under section 50AAA of the Corporations Act 2001 of
the Commonwealth.