(1) The Authority or the Nominal Insurer may establish a Premium Discount
Scheme to encourage employers to improve work health and safety and injury
management performance so as to minimise the financial and social costs of
workplace injury.
(2) A Premium Discount Scheme can provide for any of the
following--
(a) the conditions or requirements that must be met to be eligible
to participate in the scheme,
(b) the awarding to employers who participate
in the scheme of discounts on the premiums payable by them for policies of
insurance under this Act or the 1987 Act,
(c) the approval of persons (
"approved persons" ) to exercisefunctions under the scheme, including the
function of awarding premium discounts under the scheme to employers, and the
suspension or withdrawal of any such approval,
(d) the regulation of the
conduct and activities of approved persons and employers under the scheme,
(e) the review and measurement of the work health and safety and injury
management performance of approved persons and employers participating in the
scheme,
(f) the authorisation of different approved persons to award
different levels of premium discounts, depending on such factors as the
Authority or the Nominal Insurer determines.
(3) The regulations may make
provision for or with respect to premium discount schemes.
(4) In particular
(but without limiting the generality of subsection (3)) the regulations may do
any of the following--
(a) make provision for or with respect to any of the
matters provided for in subsection (2),
(b) provide for an administrative
review by the Civil and Administrative Tribunal under the
Administrative Decisions Review Act 1997 of specified decisions made by the
Authority or the Nominal Insurer in connection with the operation of a Premium
Discount Scheme,
(c) create offences punishable by a penalty not exceeding 50
penalty units.
(4A) The Minister is not to recommend the making of a
regulation containing provisions for the purposes of subsection (4) (b) unless
the Minister certifies that the Minister administering the Civil and
Administrative Tribunal Act 2013 has agreed to the provisions.
(8) The
Authority is to review the effectiveness of the first Premium Discount Scheme
after the Scheme has been in operation for 12 months. The review is to include
consideration of the introduction of no-claim bonuses.
