Western Australian Current Acts Western Australian Current Acts (1) For the purpose of
this Part incorporated insurance office includes any duly incorporated company
carrying on business in the State under the Insurance Act 1973 of the
Commonwealth.
(2) The requirements
for an incorporated insurance office to be approved under this section are
that it is able to meet the requirements mentioned in subsection (3).
(3) The requirements
for an incorporated insurance office that is approved under this section to
remain so approved are that it —
(a) has
material and financial resources available to it that the Minister, on the
advice of WorkCover WA, considers sufficient to enable it to discharge its
obligations for the purposes of this Act; and
(b)
maintains in the State an office having such resources and authority as the
Minister considers satisfactory for the expeditious handling of claims; and
(c)
provides a standard of service to employers and, on behalf of employers, to
workers that the Minister, on the advice of WorkCover WA, considers
satisfactory; and
(d)
complies with the time limits and other requirements imposed under this Act
and the Employers’ Indemnity Supplementation Fund Act 1980 ; and
(e)
consistently maintains a standard of detail and accuracy in the information
required under this Act to be provided by it that is satisfactory to the
Minister; and
(f)
otherwise discharges its obligations under or for the purposes of this Act to
a standard that the Minister, on the advice of WorkCover WA, considers
satisfactory.
(4) Where an
incorporated insurance office applies to the Minister for the grant or renewal
of approval under this section, the Minister may, if he is satisfied that it
meets the requirements for an incorporated insurance office to be or remain
approved, as the case may be, grant or renew the approval, as the case
requires, and, in granting or renewing the approval, attach such conditions,
if any, as he sees fit to the approval.
(5) Subject to
subsection (6), an approval under this section ceases to have effect, unless
sooner renewed, at the expiration of 5 years after the day on which the
approval was granted or, where it has been previously renewed under this
section, at the expiration of 5 years after the day on which it was last
renewed.
(6) Notwithstanding
subsection (5) but subject to subsection (7), an approval granted or deemed to
be granted under this section and current immediately before the day of the
commencement of section 38 of the Workers’ Compensation and Assistance
Amendment Act 1990 continues to have effect for a period of one year after
that day and, unless renewed under this section, thereafter is of no effect.
(7) Where an approved
insurance office —
(a)
fails in the opinion of the Minister to meet the requirements mentioned in
subsection (3) or to comply with any condition attached to its approval; or
(b) so
requests,
the Minister may
revoke or suspend his approval under this section of that office, but may not
do so in any other case.
[Section 161 amended: No. 96 of 1990 s. 38; No. 42
of 2004 s. 150.]