Victorian Consolidated Legislation

Accident Compensation (WorkCover Insurance) Act 1993 - SECT 28

Adjustment of premium after review

28. Adjustment of premium after review



(1) This section applies if, as the result of a review of a premium under
section 22 or 27, the Authority is of the opinion that the amount calculated
as the premium was not, or is not, calculated in accordance with the relevant
premiums order.

(2) The Authority must, by notice in writing to the employer, adjust the
amount of the premium so that the amount is the amount calculated in
accordance with the relevant premiums order.

(3) In the case of a review under section 28A, an adjustment under this
section may only relate to-

   (a)  in the case of an application under section 22 or 22A-

   (i)  the policy period current at the date on which the application is
        made;

   (ii) any of the 4 completed policy periods before that period;

   (iii) any other completed policy period if there is, or was, fraud on the
        part of the employer or of any person acting, or apparently acting, on
        the employer's behalf;

   (b)  in the case of a review in which the Authority has made a
        determination under section 27(3)-

   (i)  the policy period current at the date of the notice under section
        27(4);

   (ii) any of the 4 completed policy periods before that date;

   (iii) any other completed policy period if there is, or was, fraud on the
        part of the employer or of any person acting, or apparently acting, on
        the employer's behalf.