New South Wales Consolidated Regulations

INSURANCE PREMIUMS ORDER (1992-93) - SCHEDULE 9

SCHEDULE 9 – Reduction of premium for employers of previously injured workers etc

1 Premium to be reduced

Any premium calculated in accordance with the other provisions of this Order is to be reduced in accordance with this Schedule.

2 Exclusion of certain wages from calculation of premium

Any such premium is to be reduced by excluding wages to which this Schedule applies from the calculation of the amount of the premium.

3 Wages to which this Schedule applies

(1) This Schedule applies to wages payable by an employer in respect of the first 12 months of employment of any worker who:

(a) is first employed by the employer (for a minimum period of employment of 12 continuous weeks) on or after 1 July 1992 but only if:

(i) the worker is partially incapacitated for work as a result of a 1987 Act injury (whether received before or after 1 July 1992) and is no longer employed by a previous employer who employed the worker at the time of the injury, or

(ii) the worker has as a result of a 1987 Act injury (whether received before or after 1 July 1992) been totally or partially incapacitated for work for a period of at least 12 weeks, is no longer employed by a previous employer who employed the worker at the time of the injury and has been continuously unemployed since that period of incapacity, or

(b) is first employed by the employer (otherwise than on a casual or temporary basis) after 1 February 1992 and before 1 July 1992, but only if:

(i) the worker is partially incapacitated for work as a result of an injury (whether received before or after 1 February 1992) and is no longer employed by a previous employer who employed the worker at the time of injury, or

(ii) the worker has been continuously unemployed for at least 3 months immediately before being employed by the employer.

(2) However, this Schedule does not apply to any such wages unless:

(a) application for a premium reduction in respect of those wages is made by the relevant employer in accordance with any guidelines under this Schedule, and

(b) any other relevant requirements of the WorkCover Authority are satisfied.

4 Guidelines-application for reduction of premium etc

(1) The WorkCover Authority may issue guidelines specifying the method of applying for a premium reduction under this Schedule, including:

(a) the form and manner of making an application, and

(b) any documents relating to the application that the employer must attach to it.

(2) Those guidelines may also specify the circumstances in which periods of employment or unemployment are to be regarded as continuous for the purposes of clause 3 (1).

5 Definition

(1) In this Schedule, "employer" does not include a self-insurer.

(2) In this Schedule, a reference, in relation to a worker, to a 1987 Act injury is a reference to an injury received by the worker after the commencement of the Act.