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WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 69

This legislation has been repealed.

WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 69

69—Classes of industry

        (1)         The Corporation may, for the purposes of the calculation of premiums, divide the industries carried on in the State into various classes.

        (2)         The Corporation may determine any question as to the class of industry in which an employer employs workers.

        (3)         In determining the class of industry in which an employer employs workers the following provisions will be applied:

            (a)         if the employer employs a worker in 2 or more classes of industry

                  (i)         the worker will, subject to any determination by the Corporation to the contrary, be treated as if solely employed in the class of industry in which he or she is predominantly employed; and

                  (ii)         if it is not possible to determine which is the predominant class, the worker will be treated as if solely employed in a class of industry determined by the Corporation;

            (b)         subject to paragraphs (c)



and (d)



—if the employer employs workers in different classes of industry all workers employed by the employer will, if the Corporation so determines, be treated as engaged in the predominant class of industry;

            (c)         if the employer employs workers at 2 or more workplaces, all workers employed at a particular workplace will, if the Corporation so determines, be treated as engaged in the predominant class of industry conducted at that workplace;

            (d)         in determining what is the predominant class of industry, the Corporation will have regard to—

                  (i)         the importance within the employer's total operations of each class of industry in which workers are employed; and

                  (ii)         any other factor determined to be relevant by the Corporation.

        (4)         The Corporation may, as it thinks fit, review and revise a determination previously made under or for the purposes of this section.

        (5)         A revision may be made under subsection (4)



at any time (including in respect of a period that is underway).