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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 379

Approval as self-insurer

    (1)     If an application is made by a body corporate under section 376, the Authority may approve the body corporate as a self-insurer for—

        (a)     workers employed by the body corporate; and

        (b)     if the body corporate is a holding company, workers employed by the eligible subsidiaries of the body corporate, other than an eligible subsidiary that is a non‑WorkCover employer.

    (2)     If an application is made by the MAV under section 376, the Authority may approve the MAV as a self-insurer for—

        (a)     workers employed by the MAV; and

        (b)     workers employed by the local government corporations which are proposed to be participating corporations and are included in the application.

    (3)     The Authority must refuse to approve an employer as a self-insurer if the Authority is not satisfied that the employer is fit and proper to be a self-insurer.

    (4)     In determining whether an employer is fit and proper to be a self-insurer, the Authority must have regard to the following matters—

        (a)     whether the employer is, and is likely to continue to be, able to meet its liabilities as and when they fall due;

        (b)     the resources, including employees, that the employer has for the purpose of administering claims for compensation;

        (c)     the incidence of injuries to workers, including student workers, arising out of and in the course of employment by the employer and, if applicable, its eligible subsidiaries and the cost of claims in respect of such injuries;

        (d)     the safety of the working conditions for workers, including student workers, employed by the employer, and, if applicable, by its eligible subsidiaries;

        (e)     if the application is for renewal of approval as a self-insurer by an employer that is or has at any time been a self-insurer for the purposes of this Part, whether the employer has at any time failed to comply with—

              (i)     this Act or the regulations; or

              (ii)     any terms or conditions of its approval as a self-insurer; or

              (iii)     a Ministerial Order; or

              (iv)     any other subordinate instrument made under this Act or the regulations;

        (f)     such other matters as the Authority thinks fit.



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