2009 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Minister for Industrial Relations) Workers Compensation Amendment Bill 2009 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Commencement 2 Part 2 Workers Compensation Act 1951 3 Legislation amended--pt 2 3 4 New section 7A 3 5 Who is a worker? Section 8 (1) 3 J2009-540 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 6 Personal injury plan for worker with significant injury Section 97 (2) 4 7 New section 99A 4 8 Nomination of doctor for personal injury plan Section 102 (4) 5 9 Meaning of approved rehabilitation provider etc New section 139 (4) 5 10 Meaning of compulsory insurance policy Section 144 (2) 5 11 Section 147 6 12 Section 149 9 13 Self-insurers Section 151 (1) 11 14 Compulsory insurance--insurers Section 152 (1) 11 15 Section 152 (2) 12 16 Information for insurers on application for issue or renewal of policies Section 155 (2) and (3) 12 17 Section 155 (6), note 12 18 Information for insurers after renewal of policies Section 156 (2) and (3) 13 19 Section 156 (3), note 13 20 New section 156 (3A) 13 21 Information for insurers after end or cancellation of policies Section 157 (2) 13 22 Section 157 (2), note 13 23 New section 157 (2A) 14 24 Information for new insurers after change of insurers Section 158 (2) and (3) 14 25 Six-monthly information for insurers Section 159 (1) 14 26 Section 159 (1), note 14 27 New section 159 (2A) 15 28 Section 162 15 29 Employment after 2nd offence Section 163 (1), 1st dot point 19 contents 2 Workers Compensation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 30 Purpose of DI fund Section 166A (2), new note 19 31 Section 166A (4), new note 19 32 Who may make claim for payment New section 170 (2) 20 33 Provision of information to inspectors Section 190 (1) 20 34 Section 190 (1) (a) 20 35 Section 190 (1) (b) 21 36 Section 190 (2) 21 37 Section 190 (3) note 21 38 New section 190 (3A) 21 39 Section 190 (5), new definitions 21 40 Chapter 12 23 41 New section 200A 26 42 New section 201A 27 43 Section 203 (6), definition of defined provision, new paragraph (a) (xi) 28 44 Membership of committee Schedule 3, section 3.4 (1) (b) 28 45 Schedule 3, section 3.7 28 46 Dictionary, new definitions 29 47 Dictionary, definitions of recognised auditor and reviewable decision 29 48 Dictionary, new definition of total wages 29 Part 3 Workers Compensation Regulation 2002 49 Legislation amended--pt 3 30 50 New section 8A 30 51 Part 5 30 52 Sections 98 and 98A 31 53 Schedule 3 32 Part 4 Taxation Administration Act 1999 54 Legislation amended--pt 4 35 55 Other permitted disclosures Section 97 (d) (iv) 35 Workers Compensation Amendment Bill 2009 contents 3 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Minister for Industrial Relations) Workers Compensation Amendment Bill 2009 A Bill for An Act to amend the Workers Compensation Act 1951, and for other purposes The Legislative Assembly for the Australian Capital Territory enacts as follows: J2009-540 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 1 1 Part 1 Preliminary 2 1 Name of Act 3 This Act is the Workers Compensation Amendment Act 2009. 4 2 Commencement 5 (1) The following provisions commence on 1 July 2010: 6 · section 4 7 · section 5 8 · section 9 9 · section 50 10 · section 51. 11 Note The naming and commencement provisions automatically commence on 12 the notification day (see Legislation Act, s 75 (1)). 13 (2) The remaining provisions commence on the day after this Act's 14 notification day. page 2 Workers Compensation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 3 1 Part 2 Workers Compensation Act 1951 2 3 Legislation amended--pt 2 3 This part amends the Workers Compensation Act 1951. 4 4 New section 7A 5 in chapter 2, insert 6 7A Meaning of total wages 7 (1) In this Act: 8 total wages means total wages worked out as prescribed by 9 regulation. 10 (2) The Legislation Act, section 47 (3) does not apply to a regulation 11 under this section. 12 5 Who is a worker? 13 Section 8 (1) 14 substitute 15 (1) In this Act (subject to this chapter): 16 worker means an individual who-- 17 (a) works under a contract of service, whether the contract is 18 express or implied, oral or written; or 19 (b) works under a contract, or at piecework rates, for labour only 20 or substantially for labour only; or Workers Compensation Amendment Bill 2009 page 3 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 6 1 (c) works for another person under a contract (whether or not a 2 contract of service) unless-- 3 (i) the individual-- 4 (A) is paid to achieve a stated outcome; and 5 (B) has to supply the plant and equipment or tools of 6 trade needed to carry out the work; and 7 (C) is, or would be, liable for the cost of rectifying any 8 defect in the work carried out; or 9 (ii) a personal services business determination is in effect for 10 the person carrying out the work under the Income Tax 11 Assessment Act 1997 (Cwlth), section 87-60. 12 6 Personal injury plan for worker with significant injury 13 Section 97 (2) 14 substitute 15 (2) The personal injury plan must be established in agreement with the 16 employer (unless the employer is a self-insurer or a non-business 17 employer) and the injured worker, to the maximum extent that their 18 cooperation and participation allow. 19 7 New section 99A 20 insert 21 99A Appointment of approved rehabilitation provider under 22 personal injury plan 23 (1) The insurer may appoint an approved rehabilitation provider for an 24 injured worker as part of the worker's personal injury plan. page 4 Workers Compensation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 8 1 (2) However, the insurer must appoint an approved rehabilitation 2 provider for the injured worker as part of the personal injury plan if 3 the worker has not returned to the worker's pre-injury duties and 4 pre-injury working hours, within 4 weeks after the day the worker 5 gave notice of the injury. 6 8 Nomination of doctor for personal injury plan 7 Section 102 (4) 8 substitute 9 (4) The worker must authorise the worker's nominated treating doctor 10 to provide relevant information to-- 11 (a) the insurer or employer for the worker's personal injury plan; 12 or 13 (b) a person who requires the information in relation to the 14 management of the worker's claim for compensation; or 15 (c) the chief executive in relation to the performance of an 16 approved rehabilitation provider. 17 9 Meaning of approved rehabilitation provider etc 18 New section 139 (4) 19 insert 20 (4) The Legislation Act, section 47 (3) does not apply to a regulation 21 under this section. 22 10 Meaning of compulsory insurance policy 23 Section 144 (2) 24 omit 25 section 147 (7) (Compulsory insurance--employers) 26 substitute 27 section 147A (7) (Compulsory insurance--offences) Workers Compensation Amendment Bill 2009 page 5 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 11 1 11 Section 147 2 substitute 3 147 Compulsory insurance--employers 4 (1) This section applies if an employer does not hold a compulsory 5 insurance policy issued by an approved insurer. 6 (2) However, this section does not apply to an employer if-- 7 (a) the employer is a self-insurer; or 8 (b) liability to pay compensation to a worker would be shared 9 between the employer and either another employer or other 10 employers and any of the other employers maintains a joint 11 compulsory insurance policy for the joint liability of all the 12 employers; or 13 (c) the employer provides evidence that a State was the Territory 14 or State of connection for the employment under the law of a 15 State corresponding to part 4.2A (Employment connection with 16 ACT or State); or 17 (d) the employer had insurance, or was registered, as required 18 under the law of the State in relation to liability for workers 19 compensation under the law of the State. 20 Note State includes the Northern Territory (see Legislation Act, dict, pt 1). 21 (3) The chief executive may give the employer a notice (a default 22 notice) requiring the employer to obtain a compulsory insurance 23 policy within 10 business days after the day the notice is given to 24 the employer (the compliance period). page 6 Workers Compensation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 11 1 (4) If, at the end of the compliance period, the employer does not hold a 2 compulsory insurance policy issued by an approved insurer, the 3 chief executive may give the employer another notice (a 2nd default 4 notice) requiring the employer to obtain a compulsory insurance 5 policy within 10 business days after the day the notice is given to 6 the employer (the 2nd compliance period). 7 (5) If, at the end of the 2nd compliance period, the employer does not 8 hold a compulsory insurance policy issued by an approved insurer, 9 the chief executive may give the employer a notice (a cease 10 business notice) directing the employer to stop conducting the 11 employer's business. 12 (6) A cease business notice takes effect 5 business days after the day the 13 notice is given to the employer. 14 147A Compulsory insurance--offences 15 (1) This section applies to an employer to whom section 147 applies. 16 (2) An employer commits an offence if the employer fails to maintain a 17 compulsory insurance policy with an approved insurer. 18 Maximum penalty: 50 penalty units. 19 (3) An employer commits an offence if-- 20 (a) the employer is given a default notice; and 21 (b) at the end of the compliance period, the employer does not 22 hold a compulsory insurance policy issued by an approved 23 insurer. 24 Maximum penalty: 50 penalty units. 25 (4) An employer commits an offence if-- 26 (a) the employer is given a 2nd default notice; and Workers Compensation Amendment Bill 2009 page 7 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 11 1 (b) at the end of the 2nd compliance period, the employer does not 2 hold a compulsory insurance policy issued by an approved 3 insurer. 4 Maximum penalty: 250 penalty units. 5 (5) An employer commits an offence if-- 6 (a) the employer is given a cease business order; and 7 (b) the employer does not cease to conduct the employer's 8 business. 9 Maximum penalty: 250 penalty units. 10 (6) An offence against subsection (2) or (3) is a strict liability offence. 11 (7) A cover note may be a compulsory insurance policy only if it is in 12 force for not longer than 30 days and-- 13 (a) the employer maintained a compulsory insurance policy (other 14 than a cover note) immediately before maintaining the cover 15 note; or 16 (b) the employer was not an employer immediately before 17 beginning to maintain the cover note; or 18 (c) the employer was a self-insurer immediately before beginning 19 to maintain the cover note. 20 (8) In this section: 21 2nd compliance period--see section 147 (4). 22 2nd default notice--see section 147 (4). 23 cease business notice--see section 147 (5). 24 compliance period--see section 147 (3). 25 default notice--see section 147 (3). page 8 Workers Compensation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 12 1 147B Compulsory insurance policy--minimum premium 2 following default notice 3 (1) This section applies if an employer-- 4 (a) receives a default notice, or a 2nd default notice, under 5 section 147; and 6 (b) subsequently obtains a compulsory insurance policy issued by 7 an approved insurer. 8 (2) The employer must pay to the insurer at least 30% of the premium 9 payable for the policy at the time the policy is issued. 10 12 Section 149 11 substitute 12 149 Failure to maintain compulsory insurance policy--chief 13 executive entitled to recovery amount 14 (1) This section applies if an employer fails to maintain a compulsory 15 insurance policy with an approved insurer. 16 (2) However, this section does not apply if-- 17 (a) the employer provides evidence that a State was the Territory 18 or State of connection for the employment under the law of a 19 State corresponding to part 4.2A (Employment connection with 20 ACT or State); or 21 (b) the employer had insurance, or was registered, as required 22 under a law of the State in relation to liability for workers 23 compensation under the law of the State. 24 Note State includes the Northern Territory (see Legislation Act, dict, pt 1). Workers Compensation Amendment Bill 2009 page 9 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 12 1 (3) The chief executive must determine the amount of the premium (the 2 avoided premium) that would have been payable to an approved 3 insurer if the employer had maintained a compulsory insurance 4 policy for the period that the employer was not insured (up to a 5 maximum of 5 years). 6 (4) The chief executive may determine an amount (a recovery amount) 7 for the employer equal to-- 8 (a) double the avoided premium; or 9 (b) an amount less than double the avoided premium, having 10 regard to the following: 11 (i) whether payment of the recovery amount would cause the 12 employer financial hardship; 13 (ii) whether payment of the recovery amount would cause the 14 employer to stop conducting the employer's business in 15 the ACT; 16 (iii) whether the chief executive is likely to recover the 17 amount; 18 (iv) the employer's history of compliance with its obligations 19 under this Act; 20 (v) whether the employer's failure to maintain a compulsory 21 insurance policy was based on independent advice; 22 (vi) steps the employer has taken to obtain a compulsory 23 insurance policy; 24 (vii) any other material provided by the employer; 25 (viii) any other factor the chief executive considers relevant. 26 Note The chief executive's determination under s (4) is an internally 27 reviewable decision (see Workers Compensation Regulation 2002, 28 sch 3, pt 3.2). page 10 Workers Compensation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 13 1 (5) If the chief executive determines a recovery amount for an 2 employer, the chief executive must give the employer written notice 3 of-- 4 (a) the avoided premium; and 5 (b) the recovery amount. 6 (6) The chief executive may recover the recovery amount as a debt 7 owing by the employer to the DI fund. 8 (7) In this section: 9 employer does not include a self-insurer or non-business employer. 10 13 Self-insurers 11 Section 151 (1) 12 omit 13 section 147 (1) (Compulsory insurance--employers) 14 substitute 15 section 147A (2) (Compulsory insurance--offences) 16 14 Compulsory insurance--insurers 17 Section 152 (1) 18 omit 19 section 147 (1) (Compulsory insurance--employers) 20 substitute 21 section 147A (2) (Compulsory insurance--offences) Workers Compensation Amendment Bill 2009 page 11 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 15 1 15 Section 152 (2) 2 omit 3 section 147 (1) 4 substitute 5 section 147A (2) 6 16 Information for insurers on application for issue or 7 renewal of policies 8 Section 155 (2) and (3) 9 substitute 10 (2) The employer must give the insurer, with the application, a 11 statement of the employer's estimate for the proposed insurance 12 period. 13 Maximum penalty: 250 penalty units, imprisonment for 2 years or 14 both. 15 Note One or more fault elements apply to this offence (see Criminal Code, 16 s 22). 17 (3) The employer must give the insurer, with the application, a 18 statement of the employer's estimate for the proposed insurance 19 period. 20 Maximum penalty: 50 penalty units. 21 (3A) A statement of the employer's estimate may be signed for the 22 employer by any of the following: 23 (a) if the employer is a corporation--an officer of the corporation 24 authorised to sign the statement; 25 (b) in any other case--an owner of the employer's business. 26 17 Section 155 (6), note 27 omit page 12 Workers Compensation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 18 1 18 Information for insurers after renewal of policies 2 Section 156 (2) and (3) 3 omit 4 certificate from a recognised auditor stating 5 substitute 6 statement of 7 19 Section 156 (3), note 8 omit 9 20 New section 156 (3A) 10 insert 11 (3A) A statement made under this section may be signed for the employer 12 by any of the following: 13 (a) if the employer is a corporation--an officer of the corporation 14 authorised to sign the statement; 15 (b) in any other case--an owner of the employer's business. 16 21 Information for insurers after end or cancellation of 17 policies 18 Section 157 (2) 19 omit 20 certificate from a recognised auditor stating 21 substitute 22 statement of 23 22 Section 157 (2), note 24 omit Workers Compensation Amendment Bill 2009 page 13 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 23 1 23 New section 157 (2A) 2 insert 3 (2A) A statement made under this section may be signed for the employer 4 by any of the following: 5 (a) if the employer is a corporation--an officer of the corporation 6 authorised to sign the statement; 7 (b) in any other case--an owner of the employer's business. 8 24 Information for new insurers after change of insurers 9 Section 158 (2) and (3) 10 omit 11 certificate 12 substitute 13 statement 14 25 Six-monthly information for insurers 15 Section 159 (1) 16 omit 17 statutory declaration 18 substitute 19 statement 20 26 Section 159 (1), note 21 omit page 14 Workers Compensation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 27 1 27 New section 159 (2A) 2 insert 3 (2A) A statement made under this section may be signed for the employer 4 by any of the following: 5 (a) if the employer is a corporation--an officer of the corporation 6 authorised to sign the statement; 7 (b) in any other case--an owner of the employer's business. 8 28 Section 162 9 substitute 10 162 False information causing lower premium 11 (1) An employer commits an offence if-- 12 (a) the employer gives information in a relevant statement to an 13 approved insurer; and 14 (b) the employer does so knowing that the information-- 15 (i) is false or misleading; or 16 (ii) omits anything without which the information is 17 misleading. 18 Maximum penalty: 100 penalty units, imprisonment for 1 year or 19 both. 20 (2) An employer commits an offence if-- 21 (a) the employer gives information in a relevant statement to an 22 approved insurer; and 23 (b) the employer does so knowing that the information-- 24 (i) is false or misleading; or Workers Compensation Amendment Bill 2009 page 15 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 28 1 (ii) omits anything without which the information is 2 misleading; and 3 (c) the approved insurer relies on the information to work out the 4 premium for a compulsory insurance policy for the person; and 5 (d) the premium worked out by the approved insurer for the policy 6 is less than the premium would be if the person gave the 7 correct information. 8 Maximum penalty: 100 penalty units, imprisonment for 1 year or 9 both. 10 (3) In this section: 11 relevant statement means a statement provided by an employer for 12 any of the following provisions: 13 (a) section 155 (2) (Information for insurers on application for 14 issue or renewal of policies); 15 (b) section 156 (2) and (3) (Information for insurers after renewal 16 of policies); 17 (c) section 157 (2) (Information for insurers after end or 18 cancellation of policies); 19 (d) section 159 (1) (Six-monthly information for insurers). 20 162A Avoiding payment of premium--chief executive entitled 21 to recovery amount 22 (1) This section applies if-- 23 (a) an employer has given an approved insurer a relevant 24 statement for a period, stating an amount of wages the 25 employer has paid for the period; and 26 (b) the amount of wages the employer has paid for the period is at 27 least 10% more than the amount stated in the relevant 28 statement. page 16 Workers Compensation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 28 1 (2) The chief executive must determine the amount of the avoided 2 premium for each period of insurance to which a relevant statement 3 mentioned in subsection (1) applies (up to a maximum of 5 years). 4 (3) The chief executive may determine an amount (a recovery amount) 5 for the employer equal to-- 6 (a) double the avoided premium; or 7 (b) an amount less than double the avoided premium, having 8 regard to the following: 9 (i) whether payment of the recovery amount would cause the 10 employer financial hardship; 11 (ii) whether payment of the recovery amount would cause the 12 employer to stop conducting the employer's business in 13 the ACT; 14 (iii) whether the chief executive is likely to recover the 15 recovery amount; 16 (iv) the employer's history of compliance with its obligations 17 under this Act; 18 (v) whether the employer's behaviour in completing the 19 relevant statement was based on independent advice; 20 (vi) steps the employer has taken to obtain a compulsory 21 insurance policy; 22 (vii) any other material provided by the employer; 23 (viii) any other factors the chief executive considers relevant. 24 Note The chief executive's determination under s (3) is an internally 25 reviewable decision (see Workers Compensation Regulation 2002, 26 sch 3, pt 3.2). Workers Compensation Amendment Bill 2009 page 17 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 28 1 (4) If the chief executive determines a recovery amount for an 2 employer, the chief executive must give the employer written notice 3 of-- 4 (a) the avoided premium; and 5 (b) the recovery amount. 6 (5) The chief executive may recover the recovery amount as a debt 7 owing by the employer to the DI fund. 8 (6) In this section: 9 avoided premium, for a period of insurance, means an amount equal 10 to the difference between-- 11 (a) the premium worked out for the period using the information 12 given by the person; and 13 (b) the premium worked out for the period using the correct 14 information. 15 relevant statement means a statement provided by an employer for 16 any of the following provisions: 17 (a) section 156 (2) and (3) (Information for insurers after renewal 18 of policies); 19 (b) section 157 (2) (Information for insurers after end or 20 cancellation of policies). 21 162B Cease business order 22 (1) This section applies if-- 23 (a) a court or tribunal has entered a judgment in favour of the chief 24 executive against an employer for an amount under section 149 25 (Failure to maintain compulsory insurance policy--chief 26 executive entitled to recovery amount) or section 162A 27 (Avoiding payment of premium--chief executive entitled to 28 recovery amount); and page 18 Workers Compensation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 29 1 (b) the employer has not paid the judgment debt within 28 days 2 after the day the judgment is entered. 3 (2) The chief executive may, in addition to any other right to enforce 4 the judgment, apply to the court or tribunal for an order (a cease 5 business order) directing the employer to cease conducting the 6 employer's business until the judgment is paid. 7 (3) A cease business order takes effect 5 business days after the day the 8 order is made. 9 29 Employment after 2nd offence 10 Section 163 (1), 1st dot point 11 substitute 12 · section 147A (Compulsory insurance--offences) 13 30 Purpose of DI fund 14 Section 166A (2), new note 15 insert 16 Note An injured worker who was a director of the employer at the time of the 17 injury may not make a claim against the fund (see s 170 (2)). 18 31 Section 166A (4), new note 19 insert 20 Note An injured worker who was a director of the employer at the time of the 21 injury may not make a claim against the fund (see s 170 (2)). Workers Compensation Amendment Bill 2009 page 19 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 32 1 32 Who may make claim for payment 2 New section 170 (2) 3 insert 4 (2) However, a person may not make a claim for payment if, at the time 5 of the injury-- 6 (a) the injured worker was a director of the worker's employer; 7 and 8 (b) the employer did not hold a compulsory insurance policy that 9 applies to the injured worker for the injury. 10 33 Provision of information to inspectors 11 Section 190 (1) 12 omit 13 within 28 days 14 substitute 15 not later than 3 days 16 34 Section 190 (1) (a) 17 omit 18 certificate from a recognised auditor stating 19 substitute 20 statement of page 20 Workers Compensation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 35 1 35 Section 190 (1) (b) 2 omit 3 statutory declaration 4 substitute 5 statement 6 36 Section 190 (2) 7 omit 8 in the time and way stated in the notice 9 substitute 10 not later than 3 days after the day the notice is given to the employer 11 37 Section 190 (3) note 12 omit 13 38 New section 190 (3A) 14 insert 15 (3A) A statement made under this section may be signed for the employer 16 by any of the following: 17 (a) if the employer is a corporation--an officer of the corporation 18 authorised to sign the statement; 19 (b) in any other case--an owner of the employer's business. 20 39 Section 190 (5), new definitions 21 insert 22 certificate of currency--see section 160. Workers Compensation Amendment Bill 2009 page 21 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 39 1 related information includes any of the following records: 2 (a) an injury notice under section 93; 3 (b) a statement of the employer's estimate under section 155; 4 (c) a statement of total wages under section 156; 5 (d) a statement of total wages under section 157; 6 (e) a statement of total wages under section 158; 7 (f) a statement under section 159; 8 (g) a certificate of currency issued by an insurer to the employer; 9 (h) wages and earnings paid by the employer; 10 (i) invoices and information related to the invoices given to the 11 employer by an sub-contractor; 12 (j) a certificate of currency in relation to a contractor; 13 (k) material used by the employer to work out the wages for a 14 statement of total wages; 15 (l) business records including business activity statements, 16 minutes of board meetings, financial statements and 17 agreements made with entities related to the employer; 18 (m) any record the employer is required to maintain under this Act. page 22 Workers Compensation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 40 1 40 Chapter 12 2 substitute 3 Chapter 12 Notification and review of 4 decisions 5 198 Definitions--ch 12 6 In this chapter: 7 decision-maker--see section 199A (1). 8 internally reviewable decision--see section 199B (1). 9 internal reviewer--see section 199B (3). 10 reviewable decision--see section 199. 11 199 Application--ch 12 12 This chapter applies to a decision (a reviewable decision)-- 13 (a) made by the Minister or chief executive under this Act; and 14 (b) prescribed by regulation to be a reviewable decision. 15 199A Notice of reviewable decisions 16 (1) If the Minister or chief executive (the decision-maker) makes a 17 reviewable decision, the decision-maker must give written notice of 18 the decision to each entity prescribed by regulation for the decision. 19 Note 1 The decision-maker must also take reasonable steps to give a 20 reviewable decision notice to any other person whose interests are 21 affected by the decision (see ACT Civil and Administrative Tribunal 22 Act 2008, s 67A). 23 Note 2 The requirements for reviewable decision notices are prescribed under 24 the ACT Civil and Administrative Tribunal Act 2008. Workers Compensation Amendment Bill 2009 page 23 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 40 1 (2) In particular, the notice must tell the person-- 2 (a) whether the person has the right to apply for internal review of 3 the decision or the right to apply to the ACAT for review of the 4 decision, and how the application must be made; and 5 (b) if the person has the right to apply for internal review of the 6 decision--that the person has the right to apply to the ACAT 7 for review of the internal review decision if the person is 8 dissatisfied with that decision; and 9 (c) about the options available under other ACT laws to have the 10 decision reviewed by a court or the ombudsman. 11 199B Internal review of certain decisions 12 (1) This section applies if a regulation declares that a reviewable 13 decision is a decision that is subject to internal review (an internally 14 reviewable decision). 15 (2) A person whose interests are affected by an internally reviewable 16 decision may apply in writing to the chief executive for internal 17 review of the decision. 18 (3) The chief executive must arrange for someone else (the internal 19 reviewer) to review the decision. 20 (4) However, this section does not apply to a reviewable decision made 21 personally by the Minister or the chief executive. 22 Note Section 199E (b) provides for review of decisions exempt from internal 23 review by the ACAT. 24 199C Applications for internal review 25 (1) An application for internal review under section 199B must be made 26 within-- 27 (a) 28 days after the day the applicant receives written notice of 28 the decision under section 199A; or page 24 Workers Compensation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 40 1 (b) any longer period allowed by the internal reviewer, whether 2 before or after the end of the 28-day period. 3 (2) The application must set out the grounds on which internal review 4 of the decision is sought. 5 (3) The making of the application for internal review of the decision 6 does not affect the operation of the decision. 7 199D Internal review 8 (1) The internal reviewer must review the internally reviewable 9 decision, and confirm, vary or revoke the decision, within 28 days 10 after the decision-maker receives the application for internal review 11 of the decision. 12 (2) If the decision is not varied or revoked within the 28-day period, the 13 decision is taken to have been confirmed by the internal reviewer. 14 (3) As soon as practicable after reviewing the decision, the internal 15 reviewer must give written notice of the decision on the internal 16 review to the applicant. 17 199E Review of decisions by ACAT 18 A person may apply to the ACAT for review of-- 19 (a) a decision made by an internal reviewer; or 20 (b) a reviewable decision that is not an internally reviewable 21 decision. Workers Compensation Amendment Bill 2009 page 25 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 41 1 41 New section 200A 2 insert 3 200A Record keeping 4 (1) An employer must keep records of the following for 5 years after 5 the day the record is made: 6 (a) an injury notice under section 93; 7 (b) a statement of the employer's estimate under section 155; 8 (c) a statement of total wages under section 156; 9 (d) a statement of total wages under section 157; 10 (e) a statement of total wages under section 158; 11 (f) a statement under section 159; 12 (g) a certificate of currency issued by an insurer to the employer; 13 (h) wages and earnings paid by the employer; 14 (i) invoices and related information given to the employer by a 15 sub-contractor; 16 (j) a certificate of currency in relation to a contractor; 17 (k) material used by the employer to work out the wages for a 18 statement of total wages; 19 (l) any record the employer is required to maintain under this Act. 20 Maximum penalty: 100 penalty units. 21 (2) The chief executive, or the employer's insurer, may request the 22 employer to make available any of the records mentioned in 23 subsection (1). page 26 Workers Compensation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 42 1 (3) The employer must make the records available, not later than 3 days 2 after a request is made, to the person who requested the records. 3 Maximum penalty: 50 penalty units. 4 (4) An offence against subsection (3) is a strict liability offence. 5 (5) In this section: 6 certificate of currency--see section 160. 7 42 New section 201A 8 insert 9 201A Civil liability of executive officers 10 (1) This section applies if the chief executive is entitled to recover an 11 amount from a corporation under section 149 (Failure to maintain 12 compulsory insurance policy--chief executive entitled to recovery 13 amount) or section 162A (Avoiding payment of premium--chief 14 executive entitled to recovery amount). 15 (2) An amount is not recoverable from a corporation if the chief 16 executive is satisfied that the amount is unlikely to be recovered by 17 reasonable recovery efforts because the corporation is being wound 18 up or is unable to pay its debts or otherwise. 19 (3) The chief executive may recover the amount from an executive 20 officer if the officer was a culpable executive officer at the relevant 21 time. 22 (4) An executive officer is culpable at the relevant time if the officer 23 was an executive officer of the corporation at any time during which 24 the corporation committed the offence to which the entitlement to 25 recover relates. 26 (5) However, an executive officer is culpable only if-- 27 (a) the officer knew, or ought reasonably to have known, that the 28 offence was committed; or Workers Compensation Amendment Bill 2009 page 27 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 43 1 (b) the officer was in a position to influence the corporation's 2 conduct in relation to the offence; or 3 (c) the officer, being in a position to influence the conduct of the 4 corporation, failed to exercise appropriate diligence to prevent 5 the corporation committing the offence. 6 (6) If more than 1 executive officer of a corporation is culpable, the 7 culpable executive officers are jointly and severally liable for any 8 amount the chief executive may recover under this section. 9 (7) If an amount is recovered from an executive officer under this 10 section, the executive officer may recover the amount from the 11 officer's corporation. 12 (8) This section does not apply to an amount the chief executive is 13 entitled to recover from a corporation in relation to an offence that 14 the corporation committed before the commencement of this 15 section. 16 43 Section 203 (6), definition of defined provision, new 17 paragraph (a) (xi) 18 substitute 19 (xi) section 162 (False information causing lower premium); 20 44 Membership of committee 21 Schedule 3, section 3.4 (1) (b) 22 substitute 23 (b) the chief executive; and 24 45 Schedule 3, section 3.7 25 substitute 26 3.7 Committee chair 27 The committee chair is the chief executive. page 28 Workers Compensation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 46 1 46 Dictionary, new definitions 2 insert 3 decision-maker, for chapter 12 (Notification and review of 4 decisions)--see section 199A (1). 5 internally reviewable decision, for chapter 12 (Notification and 6 review of decisions)--see section 199B (1). 7 internal reviewer, for chapter 12 (Notification and review of 8 decisions)--see section 199B (3). 9 47 Dictionary, definitions of recognised auditor and 10 reviewable decision 11 substitute 12 recognised auditor, for the DI fund, means an auditor who is not 13 employed or engaged by the DI fund. 14 reviewable decision, for chapter 12 (Notification and review of 15 decisions)--see section 199. 16 48 Dictionary, new definition of total wages 17 insert 18 total wages--see section 7A. Workers Compensation Amendment Bill 2009 page 29 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 49 1 Part 3 Workers Compensation 2 Regulation 2002 3 49 Legislation amended--pt 3 4 This part amends the Workers Compensation Regulation 2002. 5 50 New section 8A 6 in part 2, insert 7 8A Calculation of total wages--Act, s 7A, def total wages 8 The ACT Wages and Earnings Guide is prescribed for working out 9 total wages. 10 Note The ACT Wages and Earning Guide is accessible at 11 www.ors.act.gov.au/workcover. 12 51 Part 5 13 substitute 14 Part 5 Rehabilitation providers 15 16 Minister may approve rehabilitation providers 16 (1) The Minister may, in writing, approve a person as a rehabilitation 17 provider. 18 (2) The Minister may approve a rehabilitation provider for not longer 19 than 3 years. page 30 Workers Compensation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 52 1 17 Procedure for approval of rehabilitation provider 2 In deciding whether to approve a person as a rehabilitation provider, 3 the Minister must act in accordance with the Guide--Nationally 4 Consistent Approval Framework for Workplace Rehabilitation 5 Providers as in force from time to time. 6 Note The Guide--Nationally Consistent Approval Framework for 7 Workplace Rehabilitation Providers is accessible at 8 www.hwca.org.au/NationalGuide.php. 9 52 Sections 98 and 98A 10 substitute 11 98 Reviewable decision--Act, s 199 (b) 12 A decision mentioned in schedule 3, part 3.1, column 3, under a 13 provision mentioned in column 2 in relation to the decision, is 14 prescribed. 15 98A Notice of reviewable decision--Act, s 199A (1) 16 An entity mentioned in schedule 3, part 3.1, column 4 in relation to 17 a decision is prescribed for the decision. 18 98B Internal review of certain decisions--Act, s 199B (1) 19 A reviewable decision mentioned in schedule 3, part 3.2, column 3 20 under a provision mentioned in column 2 in relation to the decision, 21 is declared to be an internally reviewable decision. Workers Compensation Amendment Bill 2009 page 31 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 53 1 53 Schedule 3 2 substitute 3 Schedule 3 Reviewable decisions 4 (see s 98, s 98A and s 98B) 5 Part 3.1 Reviewable decisions column 1 column 2 column 3 column 4 column 5 item section decision entity decision- maker 1 Act, 18 (3) refuse to exempt applicant for Minister principal from exemption s 18 (2) (which makes commercial volunteers workers) 2 Act, 145 (1) refuse to applicant for Minister approve insurer approval 3 Act, 149 (4) determine employer chief executive recovery amount 4 Act, 162A (3) determine employer chief executive recovery amount 5 16 (1) refuse to applicant for Minister approve person approval as rehabilitation provider 6 16 (2) approve applicant for Minister rehabilitation approval provider for less than 3 years page 32 Workers Compensation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 53 column 1 column 2 column 3 column 4 column 5 item section decision entity decision- maker 7 28 impose condition rehabilitation Minister on rehabilitation provider provider's approval 8 33 suspend rehabilitation Minister rehabilitation provider that has provider's approval suspended approval, amend or that has conditions of conditions amended rehabilitation or that is censured provider's approval or censure the approved rehabilitation provider 9 34 revoke or rehabilitation Minister suspend provider that has rehabilitation approval revoked or provider's suspended or that approval, amend has conditions conditions of amended or that is rehabilitation censured provider's approval or censure the approved rehabilitation provider 10 70 approve insurer applicant for Minister for less than approval 3 years 11 79 impose condition insurer Minister on insurer's approval Workers Compensation Amendment Bill 2009 page 33 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 53 column 1 column 2 column 3 column 4 column 5 item section decision entity decision- maker 12 81 suspend insurer that has Minister insurer's approval suspended approval, amend or conditions conditions of amended or that is insurer's censured approval or censure the approved insurer 13 82 suspend or insurer that has Minister revoke insurer's approval revoked or approval, amend suspended or conditions of conditions amended insurer's or that is censured approval or censure the approved insurer 14 87 refuse to exempt applicant for Minister an employer exemption from requirement to maintain compulsory insurance policy 15 91 impose condition employer Minister on employer's exemption 16 93 suspend self-insurer that has Minister self-insurer's approval suspended exemption, or conditions amend amended or that is conditions of censured self-insurer's exemption or censure the self-insurer page 34 Workers Compensation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 54 column 1 column 2 column 3 column 4 column 5 item section decision entity decision- maker 17 94 suspend or self-insurer that has Minister revoke approval revoked or self-insurer's suspended or exemption, conditions amended amend or that is censured conditions of self-insurer's exemption or censure the self-insurer 1 Part 3.2 Internally reviewable decisions column 1 column 2 column 3 column 4 item section decision decision-maker 1 Act, 149 (4) determine recovery amount chief executive 2 Act, 162A (3) determine recovery amount chief executive 2 Part 4 Taxation Administration Act 1999 3 54 Legislation amended--pt 4 4 This part amends the Taxation Administration Act 1999. 5 55 Other permitted disclosures 6 Section 97 (d) (iv) 7 substitute 8 (iv) for the Workers Compensation Act 1951--the DI fund 9 manager and the chief executive for the Workers 10 Compensation Act 1951; Workers Compensation Amendment Bill 2009 page 35 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 Presentation speech Presentation speech made in the Legislative Assembly on 2009. 2 Notification Notified under the Legislation Act on 2009. 3 Republications of amended laws For the latest republication of amended laws, see www.legislation.act.gov.au. © Australian Capital Territory 2009 page 36 Workers Compensation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au