Western Australian Current Acts Western Australian Current Acts (1) An employer who is
dissatisfied with —
(a) the
type of business or occupation on the basis of which an insurer charges the
premium required to insure him under this Act;
(b) the
amount of the premium which an insurer assesses as required to insure him
under this Act at the time of issue or renewal of the policy,
may appeal against the
classification or assessment to WorkCover WA in the manner and within the time
provided in subsections (2) and (4).
(2) The appeal is made
by giving written notice of it to WorkCover WA and the insurer within one
month of being informed of the classification or assessment or within such
further time as WorkCover WA may, in the circumstances of the case, consider
it is reasonable to allow, stating the grounds of objection and the
classification or assessment, as the case may be, the employer seeks.
(3) Notwithstanding
the notice of appeal the employer is to pay the premium as assessed by the
insurer and the insurer is to issue or renew the policy.
(4) WorkCover WA may
fix a time and place for the hearing of an appeal pursuant to subsection (1)
and laying down its own procedure may hear and determine the appeal and, as
the case requires, decide the proper classification or the proper assessment
of the premium not exceeding that assessment initially sought by the insurer.
(5) If the effect of a
decision on the appeal is that a lesser sum is payable by way of premium than
that already paid to the insurer the insurer shall forthwith repay to the
employer the amount of the overpayment and if he does not do so the employer
may sue and recover the amount from the insurer.
[Section 154 amended: No. 51 of 1986 s. 46(2); No.
96 of 1990 s. 32; No. 34 of 1999 s. 41; No. 42 of 2004 s. 116, 150 and 153;
No. 19 of 2010 s. 51.]