WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 72A

This legislation has been repealed.

WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 72A

72A—Grouping provisions

        (1)         For the purposes of this section, 2 or more employers will, if the Corporation so determines, constitute a group if—

            (a)         they are capable of being treated as a member of a group under the Payroll Tax Act 2009

; or

            (b)         they are related in some other way.

        (2)         Where 2 or more employers constitute a group—

            (a)         unless the Corporation otherwise determines, each employer in the group will be liable to pay premiums in accordance with a WorkCover premium order under this Division (rather than on the basis of aggregate base premiums); and

            (b)         the Corporation may apply any claims experience, rating or other principle to all members of the group on a combined basis (rather than on an individual basis) in accordance with the provisions of a WorkCover premium order; and

            (c)         the Corporation may aggregate the employers in such manner (in any way or for such other purposes) as the Corporation thinks fit under a WorkCover premium order (including by treating 1 employer within the group as if the employer were the employer of all workers employed by the members of the group or by rating them together or according to a common factor).

        (3)         Despite being grouped, each employer will be taken to be subject to the relevant WorkCover premium provisions in its own right (but with premiums being aggregated or divided according to principles specified in a WorkCover premium order).

        (4)         The employers in a group are jointly and severally liable for the payment of premiums attributable to the group.

        (5)         This section applies subject to any alternative arrangements agreed between the Corporation and the members of the group of employers as part of an alternative set of principles applied under section 71(6)(d)

.

        (6)         The Corporation may, if it is satisfied that 2 or more employers who should have been grouped under this section have not been so grouped on account of false or misleading information, or insufficient or defective information, provided to the Corporation—

            (a)         make any determination or redetermination, and impose any premium, on a retrospective basis; and

            (b)         impose on each employer a fine (not exceeding an amount calculated under the regulations) fixed by the Corporation.

        (7)         The Corporation may for any proper reason remit a fine imposed under subsection (6)(b)

wholly or in part.