New South Wales Consolidated Acts

WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 35

35 Payments into and from Fund

(cf 1989 s 19)

(1) The following is to be paid into the WorkCover Authority Fund:

(a) money contributed by insurers and self-insurers under Division 2,

(a1) money approved by the Minister to be paid into the Fund from the Insurance Fund under subsection (1A),

(b) money required to be paid into the Fund by or under this or any other Act,

(c) all other money received by the Authority and not otherwise appropriated.

(1A) The Minister may approve the payment into the Fund of amounts from the Insurance Fund having regard to the estimates, provisions and determinations made by the Authority under section 38 and any need for additional funding to provide for the proper exercise of the Authority’s functions.

(2) The following is to be paid from the WorkCover Authority Fund:

(a) the remuneration (including allowances) of the Board of Directors, Investment Board and staff of the Authority,

(b) the remuneration (including allowances) of members of, and any other costs of operation of, the Council and any consultative body established by the Authority,

(d) expenditure incurred by the Department of Industrial Relations in relation to the exercise of the functions of conciliators under this Act by conciliators who are officers of that Department, including the remuneration payable to those officers,

(e) the remuneration (including allowances) of conciliators appointed under this Act who are not officers of the Department of Industrial Relations,

(e1) the costs of operation of the Commission including the remuneration (and allowances) of the members and of the staff of the Commission, and the remuneration of approved medical specialists,

(f) payments required to be made under section 35A (Residual and ongoing costs of Compensation Court jurisdiction),

(g) all payments required to meet expenditure incurred in relation to the functions of the Authority,

(h) all other money required by or under this or any other Act to be paid from the Fund.

(3) The maximum amount payable from the WorkCover Authority Fund for the costs of operation of the Compensation Court is to be the amount determined by the Minister administering the Compensation Court Act 1984 after consultation with the Minister administering this Act.

(4) The Authority may pay from the Fund into the Insurance Fund any amount by which the Authority determines the Fund to be in surplus from time to time. Any such surplus may be paid to the Insurance Fund by transfer of any investment held by the Fund (as an alternative to the payment of money).