WORKERS COMPENSATION REGULATION 2003 - REG 173 Review of sponsors by Authority

This legislation has been repealed.

WORKERS COMPENSATION REGULATION 2003 - REG 173

173 Review of sponsors by Authority

(1) The Authority may at any time review the performance and operations of a sponsor in accordance with the Premium Discount Guidelines.

(2) For the purpose of conducting a review under this clause, the Authority may make such inquiries and undertake such investigations as it thinks fit.

(3) The Authority may take action at any time under subclause (4) if it determines that:

(a) a sponsor has failed to comply with the funding agreement, this Part, the Premium Discount Guidelines, the Code of Conduct for Sponsors or with any direction given by the Authority under clause 191, or

(b) the sponsor has become bankrupt, applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounded with its creditors or made an assignment of its remuneration for their benefit, or

(c) the sponsor has entered into administration (whether voluntary or involuntary) or has been wound up, or

(d) the small business premium discount program conducted by the sponsor has ceased to be viable.

(4) The Authority may take any one or more of the following actions:

(a) disallow or adjust the entitlement to a premium discount of an enrolled employer by notice in writing,

(b) suspend or cancel the approval of a sponsor by notice in writing,

(c) suspend or cancel the sponsor's program by notice in writing.

(5) The Authority may by notice in writing require a sponsor to repay to the Authority any funds provided to the sponsor by the Authority that:

(a) have not been spent by the sponsor, or

(b) if spent, were not spent in accordance with the funding agreement.

(6) Before taking action under subclause (4), the Authority may give an employer enrolled in a program conducted by the sponsor concerned an opportunity to make oral or written submissions to the Authority about the matter.

(7) An action referred to in subclause (4) or (5) takes effect 14 days after the notice of the action is given to the sponsor.

(8) The actions that the Authority may take under subclause (4) or (5) are in addition to any other powers of the Authority.

Note: For example, the Authority may also issue directions to a sponsor or impose or vary conditions of an approval of a sponsor.

(9) The Authority may recover funds payable to it under subclause (5) as a debt in a court of competent jurisdiction.