Western Australian Current Acts Western Australian Current Acts (1) Each insurer shall
contribute annually to the General Account a sum equal to —
(a) the
amount prescribed for the purposes of this subsection; or
(b) a
sum amounting to a percentage to be fixed by WorkCover WA of the total amount
of the premium income (whether received by or owing to the insurer) of the
insurer in respect of the year ended 30 June then last past in respect of
insurance of employers against their liability to pay compensation under this
Act, and their liability under any other law in respect of persons employed by
them, excluding any part of the premiums actually paid by way of reinsurance
to any other insurer contributing under this Act, which percentage shall be
uniform for all insurers,
whichever is the
greater.
(2) A contribution
referred to in subsection (1) or (4) shall be paid on 1 October in each year
or on such other days as WorkCover WA determines unless it exceeds $15 000, in
which case it may be paid in quarterly instalments on 1 October, 1 January, 1
April and 1 June in each year or on such other days as WorkCover WA may
determine, and where it, or any instalment of it, is not so paid WorkCover WA
may sue and recover the amount of the contribution or instalment, as the case
may be, from the insurer or self-insurer without affecting the liability of
the insurer or self-insurer, as the case may be, to a penalty under subsection
(3).
(2a) WorkCover WA
shall give insurers and self-insurers at least 30 days written notice of any
day determined under subsection (2).
(3) If any
contribution referred to in subsection (1) or (4) or any instalment of it is
not paid on or before any day prescribed or determined under subsection (2),
the insurer, or self-insurer as the case may be, commits an offence.
Penalty: $2 000.
(4) A self-insurer
shall, in respect of any period for which contributions to the General Account
are payable by insurers, contribute to the General Account a sum equal to
—
(a) the
amount prescribed for the purposes of this subsection; or
(b) such
contribution as WorkCover WA considers reasonable, assessed upon the wages,
salaries, or other remuneration, including amounts paid to workers employed
under an agreement to perform —
(i)
a specified quantity of work for a specified sum; or
(ii)
work on piece rates; or
(iii)
work on a bonus or commission system; or
(iv)
work on any other system for payment by results,
paid by the
self-insurer to workers during that period, having regard to the premium
payable for insurance by employers engaged in the same or any similar trade,
occupation, calling, or industry,
whichever is the
greater, and the self-insurer shall upon demand and within such time as
WorkCover WA may specify supply WorkCover WA with such particulars of the
wages, salaries, or other remuneration paid by him during that period as are
required by WorkCover WA.
(4a) If a self-insurer
furnishes particulars to WorkCover WA under subsection (4) which are false in
any material particular, the self-insurer is guilty of an offence.
Penalty: $5 000.
(4b) Any self-insurer
failing to send particulars to WorkCover WA within the time specified under
subsection (4) commits an offence and is liable to a penalty of $2 000 and a
daily penalty not exceeding $100.
(5) In the month of
July of each year or at such other time as WorkCover WA may appoint, every
insurer shall send a return showing the amount of the premium income (whether
received by or owing to the insurer) in respect of insurance of employers
against their liability to pay compensation under this Act and their liability
under any other law in respect of persons employed by them during the year
ended 30 June then last past, excluding any part of that premium income
actually paid by way of reinsurance to any other insurers contributing under
this Act, together with a statutory declaration by the insurer or his or its
manager, secretary, or agent in the State, that he has carefully examined the
return and to the best of his knowledge, information, and belief the return is
a true return of that amount.
(6) Any insurer
failing to send the return or statutory declaration in that month or by such
other time as WorkCover WA shall appoint, as the case may be, commits an
offence and is liable to a penalty of $2 000 and a daily penalty not exceeding
$100.
(7) If an insurer
sends a return which is false in any material particular, the insurer is
guilty of an offence.
Penalty: $5 000.
[Section 109 amended: No. 44 of 1985 s. 25; No. 85
of 1986 s. 7; No. 34 of 1999 s. 57; No. 42 of 2004 s. 99 and 150; No. 77 of
2006 Sch. 1 cl. 189(9).]
[Heading inserted: No. 86 of 1986 s. 7; amended:
No. 42 of 2004 s. 100; No. 46 of 2009 s. 17.]