RETURN TO WORK ACT 2014 - SECT 138

RETURN TO WORK ACT 2014 - SECT 138

138—Premiums (terms and conditions)

        (1)         The Corporation may, from time to time, after consultation with the Minister, publish in the Gazette a set of terms and conditions that will apply in relation to the calculation, imposition and payment of premiums for the purposes of this Act (and these terms and conditions will be referred to as "RTWSA premium provisions ).

        (2)         The Corporation must ensure that RTWSA premium provisions operate on the basis that the costs of all claims made by an employer's workers that are relevant to the RTWSA premium provisions in force at the time (including claims in respect of damages but not including claims in respect of unrepresentative injuries) are taken into account in relation to the calculation of premiums.

        (3)         RTWSA premium provisions may—

            (a)         apply differently according to—

                  (i)         categories of employers; and

                  (ii)         different factors of a specified kind; and

            (b)         authorise any matter to be determined, applied or regulated by a specified person or body.

        (4)         Without limiting any other provision, RTWSA premium provisions may specify various principles, weights, adjustments, caps, assumptions or exclusions that will apply in relation to the constitution or determination of remuneration or the costs of claims.

        (5)         RTWSA premium provisions will not apply to—

            (a)         a self-insured employer; or

            (b)         an employer who is exempt from the requirement to be registered under Division 1.