WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 109A
When an employer contravenes obligation not to pay compensation payable by WorkCover
WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 109A
When an employer contravenes obligation not to pay compensation payable by WorkCover
109A When an employer contravenes obligation not to pay compensation payable
by WorkCover
(1) This section applies if an employer contravenes section 109(3) .
(2)
WorkCover may require the employer to pay WorkCover an amount by way of
penalty equal to 50% of the employer’s premium for the period of insurance.
(3) WorkCover may recover the amount from the employer—
(a) as a debt; or
(b) as an addition to a premium payable by the employer.
(4) The employer may
apply in writing to WorkCover to waive or reduce the penalty because of
extenuating circumstances.
(5) The application must specify the extenuating
circumstances and the reasons the penalty should be waived or reduced in the
particular case.
(6) WorkCover must consider the application and may—
(a)
waive or reduce the penalty; or
(b) refuse to waive or reduce the penalty.
(7) If the employer is aggrieved by WorkCover’s decision, the employer may
have the decision reviewed under chapter 13 .
