New South Wales Consolidated Acts

WORKERS COMPENSATION ACT 1987 - SECT 174A

174A Recovery of inspection costs of Authority or insurer

(1) When an inspection by an insurer or a person authorised by the Authority reveals a significant understatement of wages by an employer or that an employer has failed to obtain or maintain in force a policy of insurance as required by section 155 (1), the insurer or Authority is entitled to recover from the employer the costs incurred by the Authority or insurer in connection with that inspection.

(2) An inspection is considered to reveal a significant understatement of wages by an employer if the inspection reveals that the employer has, in connection with the calculation of the premium or balance of premium payable for the issue or renewal of a policy of insurance, understated by 25% or more the wages paid to workers employed by the employer.

(3) The amount that the Authority or insurer is entitled to recover is recoverable in a court of competent jurisdiction as a debt due to the Authority or insurer.

(4) A certificate issued by the Authority certifying as to the costs incurred by the Authority or an insurer in connection with such an inspection is evidence of the matters certified.

(5) This section does not apply in respect of inspections carried out made before the commencement of this section.

(6) In this section:
"inspection" means an inspection or audit of an employer’s records carried out under a provision of this Act or the regulations or of a policy of insurance.