WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 165

WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 165

165 .         Review of s. 164 exemptions

        (1)         On or before 30 June 1982 and thereafter at least once in each period of one year and also when so required by the Minister WorkCover WA shall review all exemptions granted pursuant to section 164.

        (2)         After a review the Minister may require an increase or permit a decrease in the value of the securities given to the State pursuant to section 164(1) by an employer or group of employers having regard to —

            (a)         the number of workers then employed by the employer or group; or

            (b)         the current category of the insurable risks of the business or businesses of the employer or group; or

            (ba)         whether or not the employer or group is maintaining a fund for insurance against liability for which insurance would, but for the exemption, be required by this Act; or

            (bb)         the material and financial resources available in the State to the employer, or each employer of the group, to comply with the requirements of this Act or the Employers’ Indemnity Supplementation Fund Act 1980 ; or

            (c)         the claims experience since the last review of the employer or group; or

            (d)         any change in the extent of the liability to pay compensation under this Act, or to pay insurable damages, since the last review.

        (3)         The Minister may after a review recommend to the Governor that an exemption be cancelled —

            (a)         for any reason which seems to him to justify doing so in the interests of securing the workers’ entitlements to compensation or insurable damages; or

            (b)         because of a failure to give to the State any securities directed by the Minister to be given under subsection (4)(b),

                and the Governor may then cancel the exemption.

        (4)         Where —

            (a)         under subsection (2) the Minister permits a decrease in the value of the securities given to the State by an employer or group of employers the Minister may order that those securities no longer required to be given to the State be discharged from the charge and returned to the employer or the group, as the case may be;

            (b)         the Minister requires an increase in the value of securities deposited by an employer or group of employers —

                  (i)         the Minister may direct the employer or group to give to the State such securities charged with all payments to become due under the employer’s or group’s liability for which insurance would, but for the exemption, be required by this Act, in addition to the securities already given, as the Minister determines; or

                  (ii)         the Minister may direct that the securities given to the State by that employer or group of employers be discharged from the charge and returned to the employer or group and that the employer or group give to the State further securities to the value determined by the Minister charged with all payments to become due under the employer’s or group’s liability for which insurance would, but for the exemption, be required by this Act.

        (5)         Where an employer or group of employers fails to give to the State, within 21 days after the direction is given, any securities directed by the Minister to be given under subsection (4)(b) —

            (a)         the employer; or

            (b)         each employer belonging to the group of employers,

                as the case may be, commits an offence.

        Penalty: $1 000.

        [Section 165 amended: No. 44 of 1985 s. 36; No. 96 of 1990 s. 40; No. 42 of 2004 s. 123 and 150; No. 16 of 2005 s. 20; No. 31 of 2011 s. 108; No. 12 of 2012 s. 7.]