WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 58 Default assessment on reasonable suspicion

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 58

58 Default assessment on reasonable suspicion

(1) This section applies if WorkCover suspects on reasonable grounds that an employer has contravened section 48 .

(2) WorkCover may make a default assessment of premium based on the amounts WorkCover considers to be adequate cover.

(3) For subsection (2) , WorkCover may have regard to—

(a) the probable wages paid or to be paid by the employer during the period of insurance for which the default assessment is made; and

(b) the nature of the employer’s industry or business.

(4) The amount of premium to be paid by the employer under the default assessment must be calculated according to the method and at the rate mentioned in section 54 .

(5) As soon as practicable after a default assessment is made, WorkCover must give the employer written notice of the assessment and of the amount of premium.

(6) The employer may, by written notice given to WorkCover, object to the default assessment within 15 business days of receiving the premium notice.

(7) The objection must specify the reasons that the employer considers the assessment is excessive.

(8) WorkCover must consider the objection and may—

(a) reassess the default assessment; or

(b) refuse to reassess the default assessment.

(9) If the employer is aggrieved by WorkCover’s decision under subsection (8) , the employer may have the decision reviewed under chapter 13 .

(10) If the employer does not object to the default assessment within 15 business days of receiving the premium notice, the amount of premium assessed and notified to the employer becomes payable immediately at the end of the 15 business days.

(11) WorkCover may act under this section even if WorkCover knows the employer has contravened section 48 .