New South Wales Consolidated Acts

WORKERS COMPENSATION ACT 1987 - SECT 175C

175C Authority may make private rulings regarding workers at the request of employers

(1) The Authority may, on application, make a private ruling, based on information submitted to it by the applicant, as to whether any particular person is a worker, or any particular class of persons are workers, employed by the applicant for workers compensation insurance premiums purposes.

(2) A private ruling is to be used in the calculation of a relevant insurance premium by the insurer concerned, unless:

(a) there has been a material change in the information submitted to the Authority relating to the ruling, or

(b) the ruling has been withdrawn.

(3) A private ruling may be used by the person on whose application it was made as evidence as to whether any person is a worker, or any class of persons are workers, employed by the applicant, but only if there is no material change in the information submitted to the Authority relating to the application.

(4) Other than in proceedings under section 155 or other proceedings relating to payment of insurance premiums required by this Act, a private ruling is inadmissible in proceedings in which the status of a person as a worker is at issue.

(5) A private ruling has no effect on any determination by any person or body as to whether a person is a worker entitled to compensation under this Act.

(6) The regulations may make provision for or with respect to private rulings.

(7) Without limiting subsection (6), the regulations may deal with:

(a) applications for private rulings (including the information to be provided with applications), and

(b) making of private rulings, and

(c) objections, reviews and appeals against private rulings, and

(d) amendment or withdrawal of private rulings by the Authority.