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RETURN TO WORK ACT 2014 - SECT 143

RETURN TO WORK ACT 2014 - SECT 143

143—Premium orders

        (1)         A premium payable by an employer in relation to a particular period (other than an employer who is not liable to pay a premium under this Division) will be—

            (a)         determined in accordance with a RTWSA premium order under this section; or

            (b)         to the extent that a RTWSA premium order does not apply to the employer—the aggregate base premiums applying to that employer in respect of all classes of industry in which the employer employs workers (subject to any adjustments or requirements that apply in the circumstances).

        (2)         For the purposes of subsection (1)(a), the Corporation may, after consultation with the Minister and applying any principle specified by the Minister for the purposes of this section, fix the manner in which a premium payable by an employer (or a person who proposes to become an employer) will be calculated.

        (3)         The Corporation must, for the purposes of subsection (2), publish an order (or orders) in the Gazette (and any such order will be referred to as a "RTWSA premium order").

        (4)         A RTWSA premium order will take effect from the commencement of a financial year specified by the order (and will then apply, including in relation to a succeeding financial year, until superseded by another RTWSA premium order).

        (5)         The Corporation must ensure that a RTWSA premium order operates on the basis that the costs of all claims made by an employer's workers in the relevant period (including claims in respect of damages but not including claims in respect of unrepresentative injuries) are taken into account in relation to the determination of the premium payable by the employer.

        (6)         A RTWSA premium order may—

            (a)         apply generally or be limited in its application by reference to specified factors or exceptions; and

            (b)         apply differently according to—

                  (i)         categories of employers; and

                  (ii)         different factors of a specified kind; and

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

or may do any combination of these things.

        (7)         Without limiting a preceding subsection, a RTWSA premium order may—

            (a)         apply any principle relevant to the claims experience of a particular category or class of employer, or the size of an employer (after applying such principles or assumptions as the Corporation thinks fit); and

            (b)         fix and apply various principles, weights, adjustments, caps, limits (including limits on the reduction of premiums), assumptions or exclusions according to specified factors; and

            (c)         without limiting any other provision, specify any adjustment or assumption relating to the remuneration paid to workers over a particular period (including a period into the future); and

            (d)         make provision with respect to liabilities for damages under Part 5; and

            (e)         allow employers who satisfy any specified criteria, on application and at the discretion of the Corporation, to pay a premium determined by the Corporation according to an alternative set of principles—

                  (i)         specified in the order; or

                  (ii)         specified in another RTWSA premium order that applies in the circumstances; or

                  (iii)         agreed between the Corporation and the employer; and

            (f)         require that employers of a specified class must provide a deposit, bond or guarantee, or some other form of security, specified in the order; and

            (g)         make any other provision or impose any other requirement prescribed by the regulations.

        (8)         Subject to any remission or reduction of premium granted by the Corporation, where—

            (a)         the amount of premium payable by an employer in respect of a designated period would, apart from this subsection, be less than the designated minimum premium; or

            (b)         an employer is registered but no premium would, apart from this subsection, be payable by the employer for a designated period,

the premium payable by the employer for the designated period is the designated minimum premium.

        (9)         For the purposes of subsection (8), the Corporation may, from time to time, as part of the RTWSA premium provisions, fix—

            (a)         the designated period; and

            (b)         the designated minimum premium.

        (10)         The Corporation may, if it considers that there is an error in a RTWSA premium order, after consultation with the Minister, amend the RTWSA premium order by notice in the Gazette.

        (11)         A notice under subsection (10) may, if the notice so provides, take effect from a date that is earlier than its date of publication (being on or after the date on which the relevant RTWSA premium order took effect).