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Contents (2011 - 37)
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Workers Compensation Regulation 2010
Repealed version for 30 June 2016 to 31 August 2016 (accessed 24 September 2017 at 09:38)
Part 11
Part 11 Modification of provisions applying to self-insurers
62   Interpretation
(1)  When one or more subsidiaries of the holder of a licence as a self-insurer under the 1987 Act is endorsed on the licence, each of those endorsed subsidiaries and the licence holder are group self-insurers for the purposes of this Part.
(2)  The holder of a licence as a group self-insurer may for the purposes of this Part, by notice in writing to the Authority from time to time, designate any one or more of the group self-insurers covered by the licence as designated insurer for some or all of the group self-insurers. The licence holder can designate itself as a designated insurer.
(3)  Except where otherwise expressly provided, this Part provides for the modification of provisions of Chapter 3 of the 1998 Act in their application to the following self-insurers:
(a)  a self-insurer who is a Government employer covered for the time being by the Government’s managed fund scheme,
(b)  a group self-insurer for whom there is a designated insurer.
63   References to “insurer”
(1)  Sections 43, 44, 45, 47, 52 and 57 of the 1998 Act are to be read as if:
(a)  a reference to insurer were, in the case of a self-insurer who is a Government employer covered for the time being by the Government’s managed fund scheme, a reference to the Self Insurance Corporation, and
(b)  a reference to insurer were, in the case of a self-insurer for whom there is a designated insurer, a reference to that designated insurer, and
(c)  the Self Insurance Corporation were the insurer of each employer who is a Government employer covered for the time being by the Government’s managed fund scheme, and
(d)  the designated insurer for a group self-insurer were the insurer of the group self-insurer.
(2)  A reference in sections 50 and 58 of the 1998 Act to insurer is to be read as including a reference:
(a)  to the Self Insurance Corporation, when the insurer is a Government employer covered for the time being by the Government’s managed fund scheme, and
(b)  when the insurer is a group self-insurer for whom there is a designated insurer, to that designated insurer.
64   Modification of exceptions for self-insurers
The following modifications are to be made to the 1998 Act:
(a)  section 43 (3)—omit “This subsection does not apply to a self-insurer.”,
(b)  section 43 (4)—omit “(except when the insurer is a self-insurer)”,
(c)  section 43 (5)—omit “This subsection does not apply when the employer is a self-insurer.”,
(d)  omit section 44 (4),
(e)  section 45 (2)—omit “(except when the insurer is a self-insurer)”,
(f)  section 45 (5)—omit “This subsection does not apply when the insurer is a self-insurer.”,
(g)  omit section 46 (3).
65   Preparation of injury management plan
Section 45 (1) of the 1998 Act is replaced with the following subsection:
  
(1)  When it appears that a workplace injury is a significant injury, an injury management plan must be established for the injured worker by:
(a)  if the self-insurer who is or may be liable to pay compensation to the injured worker is a Government employer covered for the time being by the Government’s managed fund scheme—the Self Insurance Corporation, or
(b)  if the insurer who is or may be liable to pay compensation to the injured worker is a group self-insurer for whom there is a designated insurer—that designated insurer.
66   Self-insurer’s licence
(1)  A reference in section 55 of the 1998 Act to insurer’s licence is, in the application of that section to a group self-insurer (whether or not a group self-insurer for whom there is a designated insurer), to be read as a reference to the licence as a self-insurer on which the group self-insurer is endorsed.
(2)  It is a condition of a licence as a self-insurer that the holder of the licence must ensure that any subsidiary of the holder endorsed on the licence complies with the subsidiary’s obligations under Chapter 3 of the 1998 Act.