Division 2(cf former s 30AB)
(1) The Governor may, by an order made on the recommendation of the Authority and published in the Gazette, fix the manner in which the premium payable by an employer (or a person who proposes to become an employer) for a policy of insurance shall be calculated, whether by reference only to annual rates or otherwise.Editorial note. For orders under this subsection see the Historical notes at the end of this Act.(2) An insurance premiums order shall:(a) take effect on and from the date of its publication in the Gazette or a later date specified in the order, and(b) apply to and in respect of policies of insurance which are to be or have been issued or renewed so as to take effect while the order is in force.(3) An insurance premiums order may:(a) apply generally or be limited in its application by reference to specified exceptions or factors,(b) apply differently according to different factors of a specified kind, or(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,or may do any combination of those things.(3A) Without limiting the generality of subsection (3), an insurance premiums order may provide for the payment of increased premiums by employers who (under any specified or class of contract of employment, industrial agreement, award or other arrangement) are or may become liable to make payments to workers or their dependants in respect of injuries or deaths (including payments as a supplement or an alternative to the periodic or lump sum payments of compensation under this Act).(4) The following policies of insurance are exempt from insurance premiums orders:(a), (b) (Repealed)(c) policies of insurance of any class exempted by the regulations from orders under this section.(5) (Repealed)
168A Optional alternative method of calculating premium for large employers
(1) An insurance premiums order may fix (as an optional alternative method) an alternative method for calculating the premium payable for a policy of insurance by an employer who is classified under the order as a large employer (or a person who proposes to become such an employer).(2) An optional alternative method for calculating premium applies to an employer only if:(a) the employer satisfies any criteria established by the insurance premiums order for eligibility for the optional alternative method, and(b) the Nominal Insurer has, on the application of the employer, approved of the optional alternative method applying to the employer for the time being.(3) The Nominal Insurer may revoke an approval under this section at any time.(4) If an optional alternative method applies to an employer, that method applies for the purpose of calculating the relevant premium payable by the employer instead of any method that would otherwise apply to the employer under the insurance premiums order.
169 Premiums to be calculated in accordance with insurance premiums order
(cf former s 30AC)
(1) The premium payable by an employer (or a person who proposes to become an employer) for a policy of insurance to which an insurance premiums order applies shall be calculated in the manner fixed by the order.(2) An insurer breaches an insurance premiums order if the insurer demands or receives:(a) for the issue of a policy of insurance to which the order applies, or(b) for the renewal of any such policy,an amount which is, or amounts the sum of which is, different from a premium which is payable in accordance with subsection (1) by the employer (or the person who proposes to become an employer) to whom the policy relates.(3) An insurer who wilfully breaches an insurance premiums order is guilty of an offence and liable to a penalty not exceeding 1,000 penalty units.
170 Action by employer where premium not in accordance with insurance premiums order
(cf former s 18AA)
(1) An employer from whom an insurer has demanded a premium for the issue or renewal of a policy of insurance may dispute an aspect of the insurer’s determination of that premium on the basis that it is not in accordance with the relevant insurance premiums order. The employer may apply to the Authority for a review by the Authority of that aspect (the disputed aspect) of the insurer’s determination.(2) Any such application must be made within 1 month after the date of the demand for the premium concerned, or within such further period as the Authority may, in special circumstances, approve in relation to the application.(3) When any such application is made, the Authority:(a) shall notify the insurer of the making of the application,(b) shall consider the application and may have regard to such oral or written evidence or representations as it thinks fit,(c) must dismiss the application if the Authority decides that:(i) the policy is not a policy to which a relevant insurance premiums order applies, or(ii) the disputed aspect was determined by the insurer in accordance with the relevant insurance premiums order,or must in any other case determine the disputed aspect in accordance with the relevant insurance premiums order, and(d) shall, in such manner as it thinks fit, inform the employer and the insurer of its dismissal of the application or its determination, as the case may require.(3A) The Authority’s determination of the disputed aspect is to be made as a review of the insurer’s determination and accordingly is to be made as if it were the determination required to be made by the insurer at the time of the determination of the premium concerned.(3B) When the Authority makes a determination on a review under this section, the insurer must redetermine the relevant premium in accordance with the Authority’s determination.(4) Where:(a) the insurer redetermines a premium following the Authority’s determination, and(b) the employer has already paid to the insurer the premium to which the application relates,the employer may recover from the insurer, in a court of competent jurisdiction as a debt due to the employer, so much of the premium paid as exceeds the premium as redetermined, together with interest on the amount of premium recoverable calculated at the prescribed rate.(5) Where:(a) the Authority makes a determination,(b) the insurer does not within 1 month after the date of the determination of the Authority:(i) in the case of the issue of a policy of insurance—issue to the employer a policy of insurance having effect for such period (not exceeding 1 year) and from such date as the Authority determines, or(ii) in the case of the renewal of a policy of insurance—effect the renewal of the policy for such period (not exceeding 1 year) as the Authority determines from the date of expiry referred to in subsection (2) (b),at such premium as would result from a redetermination by the insurer of the premium in accordance with the Authority’s determination, and(c) the employer does not otherwise agree or request,the insurer shall be deemed to have issued to the employer a policy of insurance at that premium and having effect for the period and from the date referred to in paragraph (b) (i) or (ii).(6) The insurer shall forthwith supply to the employer a document setting out the provisions of a policy of insurance deemed by subsection (5) to be issued to the employer.Maximum penalty: 20 penalty units.
(7) In this section, a reference to an employer includes a reference to a person who proposes to become an employer.(8) In this section:prescribed rate means:
(a) the rate prescribed by the regulations, or(b) if no rate is prescribed by the regulations—a rate specified by the relevant insurance premiums order in relation to the premium paid by the employer, or(c) if no rate is prescribed by the regulations or specified in an insurance premiums order—the rate of 1.2% per month compounded monthly.relevant insurance premiums order, in relation to a premium paid by an employer, means the insurance premiums order that applies to the policy of insurance that gave rise to the payment.
(9) (Repealed)
171 Payment of premiums by instalments
(cf former s 18 (7B))
If the regulations so provide, an employer may elect to pay the premiums under a policy of insurance by instalments, at such times and of such amounts as may be prescribed by the regulations.
172 Recovery of unpaid premiums
(cf former s 18 (7C))
(1) Where:(a) an employer has not elected under section 171 to pay a premium by instalments and fails to pay the full amount of the premium within 1 month after service on the employer of a notice that payment of the premium is due,(b) an employer who has elected under section 171 to pay a premium by instalments fails to pay an instalment by the due date, or(c) an employer has failed to pay an adjustment of premium within 1 month after service on the employer of a notice that payment of the amount of the adjustment is due,the full amount of the premium (in the case referred to in paragraph (a)), the balance of the premium unpaid or, where no instalment has been paid, the full amount of the premium (in the case referred to in paragraph (b)) or the amount of the adjustment (in the case referred to in paragraph (c)) together with a late payment fee calculated at the prescribed rate may be recovered as a debt in a court of competent jurisdiction.(2) The payment of a late payment fee under this section may be waived by the insurer concerned, but only with the approval of the Authority.(3) In proceedings under this section for the recovery of any unpaid premium with a late payment fee, the court may, if satisfied that a notice for payment was delayed because of delay of the employer in providing returns to the insurer, for the purpose of assessing the premiums, treat the notice as having been served on an earlier date.(4) The making of an application to the Authority under section 170 (determination of premium to be charged) does not affect the entitlement of an insurer under this section to recover the premium (or part of premium) concerned except to the extent that:(a) the Authority otherwise directs in a particular case, or(b) the regulations otherwise provide.(5) In this section:prescribed rate means:
(a) the rate prescribed by the regulations, or(b) if no rate is prescribed by the regulations—a rate specified by the relevant insurance premiums order in relation to the amount or balance outstanding, or(c) if no rate is prescribed by the regulations or specified in an insurance premiums order—the rate of 1.2% of the relevant amount or balance per month compounded monthly.relevant insurance premiums order, in relation to an amount or balance outstanding, means the insurance premiums order that applies to the policy of insurance that gave rise to the obligation to pay the outstanding amount or balance.
172A Security deposit or guarantee for payment of premium—optional alternative premium calculation method
(1) The Nominal Insurer may require an employer who is or was insured under a policy of insurance the premium for which was determined by an optional alternative method (as referred to in section 168A) to have on deposit with the Nominal Insurer the employer’s required deposit in respect of the policy, and the employer must:(a) deposit with the Nominal Insurer such amount as the Nominal Insurer determines and notifies the employer to be the employer’s required deposit in respect of the policy of insurance concerned, and(b) deposit with the Nominal Insurer, at such time or times as the Nominal Insurer may direct by notice to the employer, such additional amount or amounts as the Nominal Insurer determines to be necessary to ensure that the amount the employer has on deposit under this section is the employer’s required deposit for the time being.Maximum penalty: 100 penalty units.
(2) The Nominal Insurer is to hold money on deposit under this section on trust for the payment and satisfaction of the employer’s liability to pay any premium (including any adjustment of premium) payable in respect of the policy of insurance to which the money held on deposit relates.(3) An amount of money deposited with the Nominal Insurer under this section is not liable to be attached or levied on or made subject to any debts of or claims against the employer making the deposit, except as provided by subsection (2).(4) The Nominal Insurer may at any time refund to an employer who has money on deposit under this section any amount by which the employer’s deposit exceeds the employer’s required deposit for the time being.(5) An employer must comply with any written direction of the Nominal Insurer to provide the Nominal Insurer with specified information (including actuarial information) for the purpose of enabling the Nominal Insurer to determine the employer’s required deposit in respect of a policy of insurance from time to time.Maximum penalty: 50 penalty units.
(6) Sections 214–215A apply to and in respect of an amount of money deposited with the Nominal Insurer under this section as if:(a) the amount deposited were deposited pursuant to an obligation imposed under Division 5 (Self-insurers) of Part 7, and(b) the employer were a self-insurer while the employer holds a policy of insurance in respect of which the amount is held on deposit, and(c) a reference in those provisions to the Authority were a reference to the Nominal Insurer.(7) An employer who has deposited an amount of money with the Nominal Insurer under this section is entitled to a refund of the amount so deposited and standing to the employer’s credit with the Nominal Insurer:(a) on the expiration of 3 months after service on the Nominal Insurer of a written request for the refund, and(b) on satisfying the Nominal Insurer that the employer’s liability referred to in subsection (2) has been discharged or adequately provided for.(8) In this section:employer includes a former employer.
required deposit in respect of a policy of insurance means the amount fixed by or determined in accordance with the relevant insurance premiums order as the required deposit for the policy.
173 Furnishing information for calculation of premiums
(cf former ss 18 (7), (7A), 66 (1A) (a)–(c))
(1) The regulations may make provision for or with respect to:(a) requiring the supply of information relevant to the calculation of the premiums payable under policies of insurance (whether to be supplied before or after the issue or renewal of any such policy), and(b) requiring any such information to be verified by statutory declaration or be accompanied by a certificate from a registered tax agent, a registered company auditor (within the meaning of the Corporations Act 2001 of the Commonwealth) or any other person.(2) Regulations under this section may require information to be supplied to or by employers, licensed insurers or former licensed insurers.
173A Giving false information for premium calculation
A person must not, when supplying information to an insurer relevant to the calculation of the premium payable under a policy of insurance issued or renewed or to be issued or renewed by the insurer (whether or not the information is supplied pursuant to a requirement of this Act or the regulations) supply information that the person knows is false or misleading in a material particular.Maximum penalty: 50 penalty units.
173B Redetermination of premium and payment of interest
(1) The regulations may make provision for or with respect to the following:(a) the adjustment of the premium (the original premium) payable for the issue or renewal of a policy of insurance, on the basis of a change in relevant wage details,(b) requiring the provision of updated information by employers for the purpose of effecting any such adjustment,(c) requiring the payment of any amount that becomes due as a result of any such adjustment of premium,(d) requiring the payment of interest on any such amount (including providing for interest to be payable from the time of payment of the original premium or an instalment of the original premium).(2) In this section, relevant wage details means the information as to wages payable or paid to workers on the basis of which the amount of the premium payable for the issue or renewal of a policy of insurance is determined.Note. A change in relevant wage details occurs when:(a) an employer changes the employer’s estimate of the wages that will be payable to workers during a period, or(b) the wages actually paid to workers during a period is different to the amount of wages estimated to be payable during that period.
174 Records relating to wages, contracts etc to be kept and supplied
(cf former ss 18 (8) (a)–(c), 44 (5))
(1) An employer shall keep correct records of:(a) all wages paid to workers employed by the employer,(b) the trade, occupation or calling of each such worker, and(c) such other matters relating to those wages (or otherwise relevant to the calculation of premiums payable under policies of insurance) as may be prescribed by the regulations.(2) An employer shall retain any such record in good order and condition for at least 5 years after the last entry was made in the record.(3) If the regulations so provide, any such record shall be kept in such manner as may be specified in the regulations.(4) Any such record may be combined with any record of wages required to be kept by an employer by or under any other Act. However, it is not to be combined in such a manner as would prevent its disclosure under any law.(5) The Authority may order an employer to do either or both of the following:(a) to supply to the Authority, within the time specified in the order, a full and correct statement of the information required to be recorded by the employer under subsection (1) during a period so specified (being a period during which the record is required to be kept under this section), or(b) to make available, at such time and at such place as is specified in the order, for inspection by a specified person authorised by the Authority, the records required to be kept by the employer under this section during a period so specified (being a period during which the record is required to be kept under this section), or(c) to make available, at such time and at such place as is specified in the order, for inspection by a specified person authorised by the Authority, records of a specified kind in the possession of the employer that are relevant to the calculation of premiums payable under policies of insurance or to the determination of whether the employer or another employer is required to obtain a policy of insurance or has paid the correct premium for a policy of insurance.(5A) The Authority may provide information supplied to the Authority by an employer under subsection (5) (a) to any insurer for the purpose of assisting the insurer to determine whether the correct premium has been paid under a policy of insurance issued by the insurer.(6) The Authority may, by an order under subsection (5), require information to be supplied to, or made available for inspection by, an insurer who has issued a policy of insurance to the employer and who requests the Authority to make the order for the purpose of determining whether the correct premium has been paid under the policy.(6A) The Authority may order that a person make available, at a time and place specified in the order, for inspection by a person authorised by the Authority or (at the request of the insurer) by an insurer, any records in the person’s possession relating to any contract (however described) under which the person has made payments to any other person (whether or not an individual) for the performance of work by that other person during such period (subject to subsection (6AA), not exceeding 3 years after the work was performed) as is specified in the order. The order need not name or otherwise identify the person to whom those payments have been made.(6AA) However, if the Authority is of the opinion that there has been a serious failure to comply with the requirements of this Act by the person to whom the order is to be given, the period specified in the order (or a further order) may be a period not exceeding 5 years after the work concerned was performed.(6B) An order under subsection (6A) may be made only for the purpose of establishing whether a person is required to obtain a policy of insurance under this Act or for the purpose of determining whether the correct premium has been paid under a policy of insurance.(7) A person authorised under subsection (5) (b), (5) (c), (6) or (6A) may inspect the records in accordance with the terms of the order and make copies of, or take extracts from, those records.(8) A person on whom an order is served under this section:(a) must comply with the order, and(b) must not wilfully obstruct or delay an authorised person when exercising any power under subsection (7).(9) In this section:insurer means a licensed insurer or a former licensed insurer.
wages, in relation to a worker:
(a) includes salary, overtime, shift and other allowances, over-award payments, bonuses, commissions, payments to working directors (including payments as directors’ fees), payments for public and annual holidays (including loadings), payments for sick leave, value of board and lodging provided by the employer for the worker and any other consideration in money or money’s worth given to the worker under a contract of service or a training contract,(b) includes payment (whether by way of commission, fee, reward or otherwise) under a contract (whether referred to as a contract, agreement, arrangement or engagement) by reason of which the person paid is deemed by Schedule 1 to the 1998 Act to be a worker, after deducting such amount for costs necessarily incurred by that person in performing that contract as may be agreed on or, in default of agreement, as may be determined by the Authority, and(b1) includes payments for long service leave (including a lump sum payment instead of long service leave and any payment under the Building and Construction Industry Long Service Payments Act 1986), and(b2) includes a payment made in consequence of the retirement from, or termination of, any office or employment of a worker, being:(i) a lump sum payment paid before or after that retirement or termination in respect of unused annual leave, or unused annual leave and a bonus, loading or other additional payment relating to that leave, or(ii) an amount paid in respect of unused long service leave, or(iii) an amount paid in respect of unused sick leave, and(b3) includes the amount that is the employer’s fringe benefits taxable amount (within the meaning of the Fringe Benefits Tax Assessment Act 1986 of the Commonwealth) in respect of fringe benefits payable to the worker, and(b4) includes a superannuation benefit, being money paid or payable by the employer in respect of the worker:(i) to or as a superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth, or(ii) as a superannuation guarantee charge within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth, or(iii) to or as any other form of superannuation, provident or retirement fund or scheme, including a wholly or partly unfunded fund or scheme, and(b5) includes a distribution to a worker as beneficiary under a trust that is required to be included as wages by section 174AA, and(c) does not include:(i)–(iii) (Repealed)(iv) directors’ fees (except to the extent that those fees are payable to working directors and included as wages under paragraph (a)), or(v) compensation under this Act, or(vi) (Repealed)(vii) any GST component in a payment to a worker.Maximum penalty: 500 penalty units.
174AA Inclusion of trust distributions as wages
(1) A distribution to a worker as beneficiary under a trust constitutes wages for the purposes of section 174 to the extent that the distribution is in lieu of wages for work done for the trust by the worker.(2) Work that constitutes the provision of services to the trustee of a trust or for the purposes of a business conducted by the trustee of a trust is work done for the trust.(3) This section applies in respect of distribution to a worker only if:(a) there is a wages shortfall in respect of work done for the trust by the worker, and(b) the distribution is made in the financial year in which the work is done or in the following financial year.(4) There is a wages shortfall in respect of work done for the trust by the worker if the total wages (if any) paid or payable to the worker during the financial year in which the work is done is less than the wages that would be payable to the worker for that work if wages were payable at the market rate for that work (with the difference constituting the wages shortfall for the purposes of subsection (5)).(5) If the distribution does not exceed the wages shortfall in respect of the work, the whole of the distribution is in lieu of wages for work done for the trust by the worker. Alternatively, if the distribution exceeds the wages shortfall in respect of the work, the distribution is in lieu of wages to the extent of the shortfall.(6) For the purpose of determining whether a particular distribution is in lieu of wages for work done for the trust, the total wages (if any) paid or payable to the worker during a financial year for the work is taken to include any previous distribution (whether made during that financial year or the following financial year) that, by application of this section, is a distribution in lieu of wages for the same work.(7) The market rate for work is the minimum wage rate applicable in respect of the work (or work that is comparable to the work):(a) pursuant to an industrial instrument in force under a law of the State, or(b) if paragraph (a) does not apply, pursuant to an industrial instrument in force under a law of the Commonwealth, or(c) if neither paragraph (a) nor (b) applies, as provided by the WorkCover Guidelines or as determined and notified by the Authority in the particular case.
174A Recovery of inspection costs of Authority or insurer
(1) When an inspection by an insurer or a person authorised by the Authority reveals a significant understatement of wages by an employer or that an employer has failed to obtain or maintain in force a policy of insurance as required by section 155 (1), the insurer or Authority is entitled to recover from the employer the costs incurred by the Authority or insurer in connection with that inspection.(2) An inspection is considered to reveal a significant understatement of wages by an employer if the inspection reveals that the employer has, in connection with the calculation of the premium or balance of premium payable for the issue or renewal of a policy of insurance, understated by 25% or more the wages paid to workers employed by the employer.(3) The amount that the Authority or insurer is entitled to recover is recoverable in a court of competent jurisdiction as a debt due to the Authority or insurer.(4) A certificate issued by the Authority certifying as to the costs incurred by the Authority or an insurer in connection with such an inspection is evidence of the matters certified.(5) This section does not apply in respect of inspections carried out made before the commencement of this section.(6) In this section:inspection means an inspection or audit of an employer’s records carried out under a provision of this Act or the regulations or of a policy of insurance.
175 Employers evading payment of correct premiums
(cf former s 18 (8) (d)–(h))
(1) If the Authority finds, having regard to information obtained under section 174 or otherwise, an amount to be due and payable by an employer to an insurer as a premium or balance of premium in respect of the issue or renewal of a policy of insurance (whether or not the policy is still in force), the Authority may order the employer to pay that amount to the insurer.(2) A late payment fee at the rate for the time being in force under section 172 is payable in respect of an amount ordered to be paid under subsection (1) as from the date determined by the Authority as the date the premium for the issue or renewal of the policy of insurance concerned first became due and payable to the insurer.(3) An amount ordered to be paid under subsection (1), together with any late payment fee payable under subsection (2), may be recovered as a debt in a court of competent jurisdiction by the insurer in whose favour the order was made.(4) If the Authority finds that:(a) an employer has provided an insurer with information which was false or misleading in a material particular, and(b) the insurer, relying on that information, has calculated a premium for the issue or renewal of a policy of insurance which is less by a certain amount than the premium would otherwise have been,the Authority may recover from the employer in a court of competent jurisdiction as a debt due to the Authority, a sum equal to twice that amount plus the late payment fee provided for by subsection (4A), half of which sum shall be paid by the Authority to the insurer and the other half into the WorkCover Authority Fund.(4AA) If the Authority finds that:(a) an employer has contravened section 175G (Members of group to have policies with same scheme agent and common renewal date) as a result of the issue or renewal of a policy of insurance, and(b) the total premium payable for those policies is less by a certain amount than the total premium that would have been payable had that section been complied with,the Authority may recover from the employer in a court of competent jurisdiction as a debt due to the Authority a sum equal to twice that amount plus the late payment fee provided for by subsection (4A). Half of that sum is to be paid by the Authority to the insurer and the other half into the WorkCover Authority Fund.(4AB) For the purposes of the application of the Limitation Act 1969 to an action on a cause of action to recover an amount under subsection (4) or (4AA), the cause of action first accrues to the Authority when the Authority makes the finding referred to in those subsections.(4A) The late payment fee at the rate for the time being in force under section 172 is payable:(a) under subsection (4) as from the date the premium for the issue or renewal of the policy of insurance concerned first became due and payable to the insurer, or(b) under subsection (4AA) as from the date the premium for the issue or renewal of the policy referred to in subsection (4AA) (a) first became due and payable to the insurer.(4B) The Authority may waive or reduce a late payment fee payable under this section.(5) A certificate executed by the Authority and certifying that an amount specified in the certificate is payable under subsection (1), (2) or (4) by a person so specified is (without proof of its execution by the Authority) admissible in any proceedings and is evidence of the matters specified in the certificate.(6) In the absence of information that would enable the Authority to accurately determine the premium that would have been payable for the issue or renewal of a particular policy of insurance, the following provisions have effect:(a) the Authority is entitled to make an estimate of that premium (based on the information available to the Authority),(b) the Authority’s estimate is presumed to be accurate as to the premium that would have been payable and cannot be challenged on the basis that insufficient information was available to enable the making of an accurate assessment, but can be challenged by the provision of information that enables a more accurate estimate to be made,(c) if the Authority’s estimate is successfully challenged and as a result a more accurate estimate is substituted, the proceedings are not open to challenge merely because of the inaccurate estimate and may continue to be heard and be determined on the basis of the substituted assessment.(7) A court that convicts an employer of an offence under section 173A (Giving false information for premium calculation) may, on the application of the Authority, order the employer to pay to the Authority the amount that the court is satisfied the Authority is entitled to recover from the employer under this section in respect of the matter to which the offence relates. For the purposes of this subsection, a court that makes a finding that an employer is guilty of an offence under section 173A without proceeding to a conviction is taken to have convicted the employer of the offence.(7A) Any amount paid by an employer under such an order is taken to have been recovered from the employer under subsection (1) and is to be dealt with accordingly.(7B) The Local Court cannot order the payment of an amount under subsection (7) that when added to the amount of any penalty imposed for the offence concerned would exceed an amount equivalent to 500 penalty units.(8) In this section:insurer means a licensed insurer or a former licensed insurer.
175A Recovery from directors of corporation evading payment of correct premium
(1) If the Authority is entitled to recover an amount from a corporation under section 175 (4) or (4AA) (even if the corporation has ceased to exist) and the amount is not recoverable from the corporation, the Authority is entitled to recover the amount from a person who was a culpable director of the corporation at the relevant time.(2) An amount is considered to be not recoverable from a corporation if the Authority certifies that it will be unable or unlikely to recover the amount from the corporation by reasonable efforts at recovery, whether because the corporation is being wound up and is unable to pay its debts, or otherwise.(3) A person is a culpable director of a corporation at the relevant time if the person was a director of the corporation at the time that the false or misleading information to which the entitlement of the Authority relates was provided to the insurer concerned (whether or not the corporation has been proceeded against or convicted of an offence in respect of the provision of that information).(4) A person is not a culpable director of a corporation if the person establishes that:(a) the person did not know that the information provided by the corporation was false or misleading in a material particular, or(b) the person was not in a position to influence the conduct of the corporation in relation to the provision of false or misleading information, or(c) the person, being in such a position, used all due diligence to prevent the provision by the corporation of false or misleading information.(5) If there is a right of recovery against more than one director of a corporation in respect of the same amount, the right is a right against all those directors jointly and severally.(6) A director from whom an amount is recovered under this section is entitled to recover the amount from the corporation.(7) This section does not apply to an entitlement of the Authority that arises from the provision of false or misleading information by a corporation before the commencement of this section.
175B Liability of principal contractor for unpaid premiums payable by subcontractor
(1) This section applies where:(a) a person (the principal contractor) has entered into a contract for the carrying out of work by another person (the subcontractor), and(b) employees of that subcontractor are engaged in carrying out the work (the relevant employees), and(c) the work is carried out in connection with a business undertaking of the principal contractor and is work that is an aspect of the work of that business undertaking.(2) The principal contractor is liable for the payment of any workers compensation insurance premiums payable by the subcontractor in respect of the work done in connection with the contract during any period of the contract unless the principal contractor has a written statement given by the subcontractor under this section for that period of the contract.(3) In this section:workers compensation insurance premiums means:
(a) if the subcontractor has failed to obtain or maintain in force a policy of insurance as required by section 155 (1) in respect of the work done in connection with the contract during any period of the contract—the amount recoverable under section 156 (1) (Recovery of double premiums from employer not obtaining policy of insurance) in connection with that failure, or(b) if an amount is due and payable by the subcontractor to an insurer as a premium or balance of premium for the issue or renewal of a policy of insurance in respect of the work done in connection with the contract during any period of the contract—that amount, together with any late payment fee payable in respect of that amount under section 175 (2).(4) The written statement is a statement comprising the following:(a) a statement by the subcontractor that all workers compensation insurance premiums payable by the subcontractor in respect of the work done in connection with the contract during any period of the contract have been paid, accompanied by a copy of any relevant certificate of currency in respect of that insurance,(b) a statement by the subcontractor as to whether the subcontractor is also a principal contractor in connection with that work,(c) if the subcontractor is also a principal contractor in connection with that work, a statement by the subcontractor as to whether the subcontractor has been given a written statement under this section in the capacity of principal contractor in connection with that work.(5) The regulations may make provision for or with respect to the form of the written statement.(6) The principal contractor must keep a copy of any written statement under this section for at least 7 years after it was given.(7) The principal contractor may withhold any payment due to the subcontractor under the contract until the subcontractor gives a written statement under this section for any period up to the date of the statement. Any penalty for late payment under the contract does not apply to any payment withheld under this subsection.(8) The written statement is not effective to relieve the principal contractor of liability under this section if the principal contractor had, when given the statement, reason to believe it was false.(9) A subcontractor who gives the principal contractor a written statement knowing it to be false is guilty of an offence.Maximum penalty: 100 penalty units.
(10) Any amount payable by a principal contractor under this section is recoverable as a debt in a court of competent jurisdiction by the person to whom the amount would, as workers compensation insurance premiums, be payable by the subcontractor.(11) The principal contractor is entitled to recover from the subcontractor as a debt in a court of competent jurisdiction any payment made by the principal contractor under this section.(12) This section does not apply in relation to a contract if the subcontractor is in receivership or in the course of being wound up or, in the case of an individual, is bankrupt and if payments made under the contract are made to the receiver, liquidator or trustee in bankruptcy.(13) This section does not apply in respect of a contract entered into by the principal contractor for the carrying out of work at the principal place of residence of the principal contractor.(14) The regulations may exempt from the operation of this section any contract, work, principal contractor or subcontractor of a class or description specified in the regulations.
175C Authority may make private rulings regarding workers at the request of employers
(1) The Authority may, on application, make a private ruling, based on information submitted to it by the applicant, as to whether any particular person is a worker, or any particular class of persons are workers, employed by the applicant for workers compensation insurance premiums purposes.(2) A private ruling is to be used in the calculation of a relevant insurance premium by the insurer concerned, unless:(a) there has been a material change in the information submitted to the Authority relating to the ruling, or(b) the ruling has been withdrawn.(3) A private ruling may be used by the person on whose application it was made as evidence as to whether any person is a worker, or any class of persons are workers, employed by the applicant, but only if there is no material change in the information submitted to the Authority relating to the application.(4) Other than in proceedings under section 155 or other proceedings relating to payment of insurance premiums required by this Act, a private ruling is inadmissible in proceedings in which the status of a person as a worker is at issue.(5) A private ruling has no effect on any determination by any person or body as to whether a person is a worker entitled to compensation under this Act.(6) The regulations may make provision for or with respect to private rulings.(7) Without limiting subsection (6), the regulations may deal with:(a) applications for private rulings (including the information to be provided with applications), and(b) making of private rulings, and(c) objections, reviews and appeals against private rulings, and(d) amendment or withdrawal of private rulings by the Authority.