South Australian Repealed Acts

This legislation has been repealed.

WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 60

60—Self-insured employers

        (1)         Subject to this section, an employer or a group of employers may apply to the Corporation for registration as a self-insured employer or as a group of self-insured employers.

        (2)         An application shall not be made under subsection (1)

unless—

            (a)         in the case of an application by an individual employer—

                  (i)         the employer is a body corporate; or

                  (ii)         the employer is an indemnified maritime employer;

            (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.

        (3)         Where—

            (a)         an application is made under subsection (1)

; and

            (b)         the Corporation is satisfied—

                  (i)         that the employer or the employers constituting the group have reached a standard that, in the opinion of the Corporation, must be achieved before conferral of self-insured status can be considered; and

                  (ii)         that in all the circumstances it is appropriate to do so,

the Corporation may register the employer or the group as a self-insured employer or a group of self-insured employers.

        (4)         A registration under this section—

            (a)         is subject to—

                  (i)         a condition that the self-insured employer must not exercise any power or discretion delegated to the self-insured employer under this Act unreasonably; and

                  (ii)         such other terms and conditions as the Corporation determines from time to time or as are prescribed by the regulations; and

            (b)         where the self-insured status was conferred on the ground that the employer is an indemnified maritime employer—is subject to a condition limiting the effect of the conferral to the workers, or a specified class of the workers, to whom the relevant indemnity relates; and

            (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

            (c)         takes effect on a date fixed by the Corporation; and

            (d)         subject to this section—

                  (i)         has effect for an initial period (not exceeding three years) determined by the Corporation; and

                  (ii)         may, on further application to the Corporation, be renewed from time to time for a further period (not exceeding three years) determined by the Corporation at the time of the renewal.

        (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).

        (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.

        (6)         In deciding whether to grant, renew, revoke, or reduce the period of registration as a self-insured employer or group of employers under this section the Corporation may have regard to such matters as it considers relevant and will have regard to the following:

            (aa)         the number of employees employed by the employer or group;

            (a)         whether the employer or group is, and is likely to continue to be, able to meet its liabilities;

            (b)         the resources that the employer or group has for the purpose of administering claims for compensation;

            (c)         the incidence and severity of compensable injuries arising from employment by the employer or employers;

            (d)         the effect, or likely effect, of the working conditions under which workers are employed by the employer, or any of the employers, on the health and safety of those workers;

            (e)         the record of the employer or employers in relation to the rehabilitation of injured workers;

            (f)         the record of the employer or employers in providing suitable employment to workers who suffer compensable injuries;

            (g)         the views of any industrial association that has, in the opinion of the Corporation, a proper interest in the matter,

but once an employer or group has been registered as self-insured, the Corporation must not, in deciding whether to renew the registration, consider the effect of the registration on the Compensation Fund.

        (7)         Where employers are registered as a group of self-insured employers, one of those employers nominated in the application for registration shall, for the purposes of this Act, be treated as the employer of all workers employed by the various members of the group.

        (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)

.

        (8)         Notwithstanding subsection (7)

, the members of the group are jointly and severally liable to satisfy the liabilities under this Act of the member referred to in subsection (7)

.

        (9)         In this section—

"indemnified maritime employer" means an employer that has the benefit of an indemnity granted by a member of the International Group of Protection and Indemnity Associations;

"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.