Victorian Consolidated Legislation

Accident Compensation (WorkCover Insurance) Act 1993 - SECT 22A

Application for refund of premium

22A. Application for refund of premium









(1) Proceedings for the refund or recovery of premium, whether paid before or
after 6 May 2004, must not be brought, whether against the Authority or
otherwise, except as provided in this section and section 22B.

(2) If an employer claims to be entitled to receive a refund of or to recover
premium, paid or purportedly paid, the employer must lodge with the Authority
an application, in a form approved by the Authority, for the refund of the
payment.

(3) An application under subsection (2) must be lodged with the Authority
within 5 years after the commencement of the policy period to which the
payment of premium relates.

(4) This section does not apply to a written request for a refund of premium
received by the Authority before 6 May 2004.



(5) For the purposes of subsection (4), a written request received by an
authorised agent of the Authority is not to be taken to be received by the
Authority unless the authorised agent has forwarded the request to the
Authority, and the Authority has received that request, before 6 May 2004.

(6) In this section-

premium has the same meaning as in section 22(3); proceedings includes-

   (a)  seeking the grant of any relief or remedy in the nature of certiorari,
        prohibition, mandamus or quo warranto, or the grant of a declaration
        of right or an injunction;

   (b)  seeking any order under the Administrative Law Act 1978.