Australian Capital Territory
Workers Compensation Amendment Act 2009
A2009-56
    
Contents
	Page

Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
Part 2	Workers Compensation Act 1951
	3	Legislation amended—pt 2	3
	4	New section 7A	3
	5	Who is a worker?
Section 8 (1)	3
	6	Personal injury plan for worker with significant injury 
Section 97 (2)	4
	7	New section 99A	4
	8	Nomination of doctor for personal injury plan
Section 102 (4)	5
	9	Meaning of approved rehabilitation provider etc 
New section 139 (4)	5
	10	Meaning of compulsory insurance policy
Section 144 (2)	5
	11	Section 147	6
	12	Section 149	9
	13	Self-insurers
Section 151 (1)	11
	14	Compulsory insurance—insurers 
Section 152 (1)	11
	15	Section 152 (2)	12
	16	Information for insurers on application for issue or renewal of policies
Section 155 (2) and (3)	12
	17	Section 155 (6), note	12
	18	Information for insurers after renewal of policies
Section 156 (2) and (3)	13
	19	Section 156 (3), note	13
	20	New section 156 (3A)	13
	21	Information for insurers after end or cancellation of policies
Section 157 (2)	13
	22	Section 157 (2), note	13
	23	New section 157 (2A)	14
	24	Information for new insurers after change of insurers
Section 158 (2) and (3)	14
	25	Six-monthly information for insurers
Section 159 (1)	14
	26	Section 159 (1), note	14
	27	New section 159 (2A)	15
	28	Section 162	15
	29	Employment after 2nd offence
Section 163 (1), 1st dot point	19
	30	Purpose of DI fund
Section 166A (2), new note	19
	31	Section 166A (4), new note	19
	32	Who may make claim for payment
New section 170 (2)	20
	33	Provision of information to inspectors
Section 190 (1)	20
	34	Section 190 (1) (a)	20
	35	Section 190 (1) (b)	21
	36	Section 190 (2)	21
	37	Section 190 (3) note	21
	38	New section 190 (3A)	21
	39	Section 190 (5), new definitions	21
	40	Chapter 12	23
	41	New section 200A	26
	42	New section 201A	27
	43	Section 203 (6), definition of defined provision, new paragraph (a) (xi)	28
	44	Membership of committee 
Schedule 3, section 3.4 (1) (b)	28
	45	Schedule 3, section 3.7	28
	46	Dictionary, new definitions	29
	47	Dictionary, definitions of recognised auditor and reviewable decision	29
	48	Dictionary, new definition of total wages	29
Part 3	Workers Compensation Regulation 2002
	49	Legislation amended—pt 3	30
	50	New section 8A	30
	51	Part 5	30
	52	Sections 98 and 98A	31
	53	Schedule 3	32
Part 4	Taxation Administration Act 1999
	54	Legislation amended—pt 4	35
	55	Other permitted disclosures
Section 97 (d) (iv)	35

Australian Capital Territory
Workers Compensation Amendment Act 2009
A2009-56

An Act to amend the Workers Compensation Act 1951, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1	Preliminary
1	Name of Act
This Act is the Workers Compensation Amendment Act 2009.
2	Commencement
	(1)	The following provisions commence on 1 July 2010:
·	section 4
·	section 5
·	section 9
·	section 50
·	section 51.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
	(2)	The remaining provisions commence on the day after this Act’s notification day.

Part 2	Workers Compensation Act 1951
3	Legislation amended—pt 2
This part amends the Workers Compensation Act 1951.
4	New section 7A
in chapter 2, insert
7A	Meaning of total wages
	(1)	In this Act:
total wages means total wages worked out as prescribed by regulation.
	(2)	The Legislation Act, section 47 (3) does not apply to a regulation under this section. 
5	Who is a worker?
Section 8 (1)
substitute
	(1)	In this Act (subject to this chapter):
worker means an individual who—
	(a)	works under a contract of service, whether the contract is express or implied, oral or written; or
	(b)	works under a contract, or at piecework rates, for labour only or substantially for labour only; or
	(c)	works for another person under a contract (whether or not a contract of service) unless—
	(i)	the individual—
	(A)	is paid to achieve a stated outcome; and
	(B)	has to supply the plant and equipment or tools of trade needed to carry out the work; and
	(C)	is, or would be, liable for the cost of rectifying any defect in the work carried out; or
	(ii)	a personal services business determination is in effect for the person carrying out the work under the Income Tax Assessment Act 1997 (Cwlth), section 87-60.
6	Personal injury plan for worker with significant injury
Section 97 (2) 
substitute
	(2)	The personal injury plan must be established in agreement with the employer (unless the employer is a self-insurer or a non-business employer) and the injured worker, to the maximum extent that their cooperation and participation allow.
7	New section 99A
insert
99A	Appointment of approved rehabilitation provider under personal injury plan
	(1)	The insurer may appoint an approved rehabilitation provider for an injured worker as part of the worker’s personal injury plan. 
	(2)	However, the insurer must appoint an approved rehabilitation provider for the injured worker as part of the personal injury plan if the worker has not returned to the worker’s pre-injury duties and pre-injury working hours, within 4 weeks after the day the worker gave notice of the injury.
8	Nomination of doctor for personal injury plan
Section 102 (4)
substitute
	(4)	The worker must authorise the worker’s nominated treating doctor to provide relevant information to—
	(a)	the insurer or employer for the worker’s personal injury plan; or
	(b)	a person who requires the information in relation to the management of the worker’s claim for compensation; or
	(c)	the chief executive in relation to the performance of an approved rehabilitation provider.
9	Meaning of approved rehabilitation provider etc 
New section 139 (4)
insert
	(4)	The Legislation Act, section 47 (3) does not apply to a regulation under this section. 
10	Meaning of compulsory insurance policy
Section 144 (2)
omit
section 147 (7) (Compulsory insurance—employers)
substitute
section 147A (8) (Compulsory insurance—offences)
11	Section 147
substitute
147	Compulsory insurance—employers
	(1)	This section applies if an employer does not hold a compulsory insurance policy issued by an approved insurer.
	(2)	However, this section does not apply to an employer if—
	(a)	the employer is a self-insurer; or
	(b)	liability to pay compensation to a worker would be shared between the employer and either another employer or other employers and any of the other employers maintains a joint compulsory insurance policy for the joint liability of all the employers; or
	(c)	the employer provides evidence that a State was the Territory or State of connection for the employment under the law of a State corresponding to part 4.2A (Employment connection with ACT or State); or
	(d)	the employer had insurance, or was registered, as required under the law of the State in relation to liability for workers compensation under the law of the State.
Note	State includes the Northern Territory (see Legislation Act, dict, pt 1).
	(3)	The chief executive may give the employer a notice (a default notice) requiring the employer to obtain a compulsory insurance policy within 10 business days after the day the notice is given to the employer (the compliance period).
	(4)	If, at the end of the compliance period, the employer does not hold a compulsory insurance policy issued by an approved insurer, the chief executive may give the employer another notice (a 2nd default notice) requiring the employer to obtain a compulsory insurance policy within 10 business days after the day the notice is given to the employer (the 2nd compliance period).
	(5)	If, at the end of the 2nd compliance period, the employer does not hold a compulsory insurance policy issued by an approved insurer, the chief executive may give the employer a notice (a cease business notice) directing the employer to stop conducting the employer’s business.
	(6)	A cease business notice takes effect 5 business days after the day the notice is given to the employer.
147A	Compulsory insurance—offences
	(1)	This section applies to an employer to whom section 147 applies.
	(2)	An employer commits an offence if the employer fails to maintain a compulsory insurance policy with an approved insurer.
Maximum penalty:  50 penalty units.
	(3)	An employer commits an offence if—
	(a)	the employer is given a default notice; and
	(b)	at the end of the compliance period, the employer does not hold a compulsory insurance policy issued by an approved insurer.
Maximum penalty:  50 penalty units.
	(4)	An employer commits an offence if—
	(a)	the employer is given a 2nd default notice; and
	(b)	at the end of the 2nd compliance period, the employer does not hold a compulsory insurance policy issued by an approved insurer.
Maximum penalty:  250 penalty units.
	(5)	An employer commits an offence if—
	(a)	the employer is given a cease business order; and 
	(b)	the employer does not cease to conduct the employer’s business.
Maximum penalty:  250 penalty units.
	(6)	An offence against subsection (2) or (3) is a strict liability offence.
	(7)	Subsections (3), (4) and (5) do not apply to a non-business employer.
	(8)	A cover note may be a compulsory insurance policy only if it is in force for not longer than 30 days and—
	(a)	the employer maintained a compulsory insurance policy (other than a cover note) immediately before maintaining the cover note; or
	(b)	the employer was not an employer immediately before beginning to maintain the cover note; or
	(c)	the employer was a self-insurer immediately before beginning to maintain the cover note.
	(9)	In this section:
2nd compliance period—see section 147 (4).
2nd default notice—see section 147 (4).
cease business notice—see section 147 (5).
compliance period—see section 147 (3).
default notice—see section 147 (3).
147B	Compulsory insurance policy—minimum premium following default notice
	(1)	This section applies if an employer—
	(a)	receives a default notice, or a 2nd default notice, under section 147; and
	(b)	subsequently obtains a compulsory insurance policy issued by an approved insurer.
	(2)	The employer must pay to the insurer at least 30% of the premium payable for the policy at the time the policy is issued.
12	Section 149
substitute
149	Failure to maintain compulsory insurance policy—chief executive entitled to recovery amount
	(1)	This section applies if an employer fails to maintain a compulsory insurance policy with an approved insurer.
	(2)	However, this section does not apply if—
	(a)	the employer provides evidence that a State was the Territory or State of connection for the employment under the law of a State corresponding to part 4.2A (Employment connection with ACT or State); or
	(b)	the employer had insurance, or was registered, as required under a law of the State in relation to liability for workers compensation under the law of the State.
Note	State includes the Northern Territory (see Legislation Act, dict, pt 1).
	(3)	The chief executive must determine the amount of the premium (the avoided premium) that would have been payable to an approved insurer if the employer had maintained a compulsory insurance policy for the period that the employer was not insured (up to a maximum of 5 years). 
	(4)	The chief executive may determine an amount (a recovery amount) for the employer equal to—
	(a)	double the avoided premium; or
	(b)	an amount less than double the avoided premium, having regard to the following:
	(i)	whether payment of the recovery amount would cause the employer financial hardship;
	(ii)	whether payment of the recovery amount would cause the employer to stop conducting the employer’s business in the ACT;
	(iii)	whether the chief executive is likely to recover the amount;
	(iv)	the employer’s history of compliance with its obligations under this Act;
	(v)	whether the employer’s failure to maintain a compulsory insurance policy was based on independent advice;
	(vi)	steps the employer has taken to obtain a compulsory insurance policy;
	(vii)	any other material provided by the employer;
	(viii)	any other relevant factor.
Note	The chief executive’s determination under s (4) is an internally reviewable decision (see Workers Compensation Regulation 2002, sch 3, pt 3.2).
	(5)	If the chief executive determines a recovery amount for an employer, the chief executive must give the employer written notice of—
	(a)	the avoided premium; and
	(b)	the recovery amount. 
	(6)	The chief executive may recover the recovery amount as a debt owing by the employer to the DI fund.
	(7)	In this section:
employer does not include a self-insurer or non-business employer.
13	Self-insurers
Section 151 (1)
omit
section 147 (1) (Compulsory insurance—employers)
substitute
section 147A (2) (Compulsory insurance—offences)
14	Compulsory insurance—insurers 
Section 152 (1)
omit
section 147 (1) (Compulsory insurance—employers)
substitute
section 147A (2) (Compulsory insurance—offences)
15	Section 152 (2)
omit
section 147 (1)
substitute
section 147A (2)
16	Information for insurers on application for issue or renewal of policies
Section 155 (2) and (3)
substitute
	(2)	The employer must give the insurer, with the application, a statement of the employer’s estimate for the proposed insurance period.
Maximum penalty:  250 penalty units, imprisonment for 2 years or both.
Note	One or more fault elements apply to this offence (see Criminal Code, s 22).
	(3)	The employer must give the insurer, with the application, a statement of the employer’s estimate for the proposed insurance period.
Maximum penalty:  50 penalty units.
	(3A)	A statement of the employer’s estimate may be signed for the employer by any of the following:
	(a)	if the employer is a corporation—an officer of the corporation authorised to sign the statement;
	(b)	in any other case—an owner of the employer’s business.
17	Section 155 (6), note
omit
18	Information for insurers after renewal of policies
Section 156 (2) and (3)
omit
certificate from a recognised auditor stating
substitute
statement of
19	Section 156 (3), note
omit
20	New section 156 (3A)
insert
	(3A)	A statement made under this section may be signed for the employer by any of the following:
	(a)	if the employer is a corporation—an officer of the corporation authorised to sign the statement;
	(b)	in any other case—an owner of the employer’s business.
21	Information for insurers after end or cancellation of policies
Section 157 (2)
omit
certificate from a recognised auditor stating
substitute
statement of
22	Section 157 (2), note
omit
23	New section 157 (2A)
insert
	(2A)	A statement made under this section may be signed for the employer by any of the following:
	(a)	if the employer is a corporation—an officer of the corporation authorised to sign the statement;
	(b)	in any other case—an owner of the employer’s business.
24	Information for new insurers after change of insurers
Section 158 (2) and (3)
omit
certificate
substitute
statement
25	Six-monthly information for insurers
Section 159 (1)
omit
statutory declaration
substitute
statement
26	Section 159 (1), note
omit
27	New section 159 (2A)
insert
	(2A)	A statement made under this section may be signed for the employer by any of the following:
	(a)	if the employer is a corporation—an officer of the corporation authorised to sign the statement;
	(b)	in any other case—an owner of the employer’s business.
28	Section 162
substitute
162	False information causing lower premium
	(1)	An employer commits an offence if—
	(a)	the employer gives information in a relevant statement to an approved insurer; and
	(b)	the employer does so knowing that the information—
	(i)	is false or misleading; or
	(ii)	omits anything without which the information is misleading.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
	(2)	An employer commits an offence if—
	(a)	the employer gives information in a relevant statement to an approved insurer; and
	(b)	the employer does so knowing that the information—
	(i)	is false or misleading; or
	(ii)	omits anything without which the information is misleading; and
	(c)	the approved insurer relies on the information to work out the premium for a compulsory insurance policy for the person; and
	(d)	the premium worked out by the approved insurer for the policy is less than the premium would be if the person gave the correct information.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
	(3)	In this section:
relevant statement means a statement provided by an employer for any of the following provisions:
	(a)	section 155 (2) (Information for insurers on application for issue or renewal of policies);
	(b)	section 156 (2) and (3) (Information for insurers after renewal of policies);
	(c)	section 157 (2) (Information for insurers after end or cancellation of policies);
	(d)	section 159 (1) (Six-monthly information for insurers).
162A	Avoiding payment of premium—chief executive entitled to recovery amount
	(1)	This section applies if—
	(a)	an employer has given an approved insurer a relevant statement for a period, stating an amount of wages the employer has paid for the period; and
	(b)	the amount of wages the employer has paid for the period is at least 10% more than the amount stated in the relevant statement.
	(2)	The chief executive must determine the amount of the avoided premium for each period of insurance to which a relevant statement mentioned in subsection (1) applies (up to a maximum of 5 years). 
	(3)	The chief executive may determine an amount (a recovery amount) for the employer equal to—
	(a)	double the avoided premium; or
	(b)	an amount less than double the avoided premium, having regard to the following:
	(i)	whether payment of the recovery amount would cause the employer financial hardship;
	(ii)	whether payment of the recovery amount would cause the employer to stop conducting the employer’s business in the ACT;
	(iii)	whether the chief executive is likely to recover the recovery amount;
	(iv)	the employer’s history of compliance with its obligations under this Act;
	(v)	whether the employer’s behaviour in completing the relevant statement was based on independent advice;
	(vi)	steps the employer has taken to obtain a compulsory insurance policy;
	(vii)	any other material provided by the employer;
	(viii)	any other relevant factor.
Note	The chief executive’s determination under s (3) is an internally reviewable decision (see Workers Compensation Regulation 2002, sch 3, pt 3.2).
	(4)	If the chief executive determines a recovery amount for an employer, the chief executive must give the employer written notice of—
	(a)	the avoided premium; and
	(b)	the recovery amount. 
	(5)	The chief executive may recover the recovery amount as a debt owing by the employer to the DI fund.
	(6)	In this section:
avoided premium, for a period of insurance, means an amount equal to the difference between—
	(a)	the premium worked out for the period using the information given by the person; and
	(b)	the premium worked out for the period using the correct information.
relevant statement means a statement provided by an employer for any of the following provisions:
	(a)	section 156 (2) and (3) (Information for insurers after renewal of policies);
	(b)	section 157 (2) (Information for insurers after end or cancellation of policies).
162B	Cease business order
	(1)	This section applies if—
	(a)	a court or tribunal has entered a judgment in favour of the chief executive against an employer for an amount under section 149 (Failure to maintain compulsory insurance policy—chief executive entitled to recovery amount) or section 162A (Avoiding payment of premium—chief executive entitled to recovery amount); and
	(b)	the employer has not paid the judgment debt within 28 days after the day the judgment is entered.
	(2)	The chief executive may, in addition to any other right to enforce the judgment, apply to the court or tribunal for an order (a cease business order) directing the employer to cease conducting the employer’s business until the judgment is paid. 
	(3)	A cease business order takes effect 5 business days after the day the order is made.
29	Employment after 2nd offence
Section 163 (1), 1st dot point
substitute
·	section 147A (Compulsory insurance—offences)
30	Purpose of DI fund
Section 166A (2), new note
insert
Note	An injured worker who was a director of the employer at the time of the injury may not make a claim against the fund (see s 170 (2)).
31	Section 166A (4), new note
insert
Note	An injured worker who was a director of the employer at the time of the injury may not make a claim against the fund (see s 170 (2)).
32	Who may make claim for payment
New section 170 (2)
insert
	(2)	However, a person may not make a claim for payment if, at the time of the injury—
	(a)	the injured worker was a director of the worker’s employer; and
	(b)	the employer did not hold a compulsory insurance policy that applies to the injured worker for the injury. 
33	Provision of information to inspectors
Section 190 (1)
omit
within 28 days
substitute
not later than 3 days
34	Section 190 (1) (a)
omit
certificate from a recognised auditor stating
substitute
statement of
35	Section 190 (1) (b)
omit
statutory declaration
substitute
statement
36	Section 190 (2)
omit
in the time and way stated in the notice
substitute
not later than 3 days after the day the notice is given to the employer
37	Section 190 (3) note
omit
38	New section 190 (3A)
insert
	(3A)	A statement made under this section may be signed for the employer by any of the following:
	(a)	if the employer is a corporation—an officer of the corporation authorised to sign the statement;
	(b)	in any other case—an owner of the employer’s business.
39	Section 190 (5), new definitions
insert
certificate of currency—see section 160.
related information includes any of the following records:
	(a)	an injury notice under section 93;
	(b)	a statement of the employer’s estimate under section 155;
	(c)	a statement of total wages under section 156;
	(d)	a statement of total wages under section 157;
	(e)	a statement of total wages under section 158;
	(f)	a statement under section 159;
	(g)	a certificate of currency issued by an insurer to the employer;
	(h)	wages and earnings paid by the employer;
	(i)	invoices and information related to the invoices given to the employer by an sub-contractor;
	(j)	a certificate of currency in relation to a contractor;
	(k)	material used by the employer to work out the wages for a statement of total wages;
	(l)	business records including business activity statements, minutes of board meetings, financial statements and agreements made with entities related to the employer;
	(m)	any record the employer is required to maintain under this Act.
40	Chapter 12
substitute
Chapter 12	Notification and review of decisions
198	Definitions—ch 12
In this chapter:
decision-maker—see section 199A (1).
internally reviewable decision—see section 199B (1).
internal reviewer—see section 199B (3).
reviewable decision—see section 199.
199	Application—ch 12
This chapter applies to a decision (a reviewable decision)—
	(a)	made by the Minister or chief executive under this Act; and
	(b)	prescribed by regulation to be a reviewable decision.  
199A	Notice of reviewable decisions
	(1)	If the Minister or chief executive (the decision-maker) makes a reviewable decision, the decision-maker must give written notice of the decision to each entity prescribed by regulation for the decision.
Note 1	The decision-maker must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2	The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
	(2)	In particular, the notice must tell the person—
	(a)	whether the person has the right to apply for internal review of the decision or the right to apply to the ACAT for review of the decision, and how the application must be made; and
	(b)	if the person has the right to apply for internal review of the decision—that the person has the right to apply to the ACAT for review of the internal review decision if the person is dissatisfied with that decision; and
	(c)	about the options available under other ACT laws to have the decision reviewed by a court or the ombudsman.
199B	Internal review of certain decisions
	(1)	This section applies if a regulation declares that a reviewable decision is a decision that is subject to internal review (an internally reviewable decision).
	(2)	A person whose interests are affected by an internally reviewable decision may apply in writing to the chief executive for internal review of the decision.
	(3)	The chief executive must arrange for someone else (the internal reviewer) to review the decision.
	(4)	However, this section does not apply to a reviewable decision made personally by the Minister or the chief executive.
Note	Section 199E (b) provides for review of decisions exempt from internal review by the ACAT.
199C	Applications for internal review
	(1)	An application for internal review under section 199B must be made within—
	(a)	28 days after the day the applicant receives written notice of the decision under section 199A; or
	(b)	any longer period allowed by the internal reviewer, whether before or after the end of the 28-day period.
	(2)	The application must set out the grounds on which internal review of the decision is sought.
	(3)	The making of the application for internal review of the decision does not affect the operation of the decision.
199D	Internal review
	(1)	The internal reviewer must review the internally reviewable decision, and confirm, vary or revoke the decision, within 28 days after the decision-maker receives the application for internal review of the decision.
	(2)	If the decision is not varied or revoked within the 28-day period, the decision is taken to have been confirmed by the internal reviewer.
	(3)	As soon as practicable after reviewing the decision, the internal reviewer must give written notice of the decision on the internal review to the applicant.
199E	Review of decisions by ACAT
A person may apply to the ACAT for review of—
	(a)	a decision made by an internal reviewer; or
	(b)	a reviewable decision that is not an internally reviewable decision.
41	New section 200A
insert
200A	Record keeping
	(1)	An employer must keep records of the following for 5 years after the day the record is made:
	(a)	an injury notice under section 93;
	(b)	a statement of the employer’s estimate under section 155;
	(c)	a statement of total wages under section 156;
	(d)	a statement of total wages under section 157;
	(e)	a statement of total wages under section 158;
	(f)	a statement under section 159;
	(g)	a certificate of currency issued by an insurer to the employer;
	(h)	wages and earnings paid by the employer;
	(i)	invoices and related information given to the employer by a sub-contractor;
	(j)	a certificate of currency in relation to a contractor;
	(k)	material used by the employer to work out the wages for a statement of total wages;
	(l)	any record the employer is required to maintain under this Act.
Maximum penalty:  100 penalty units.
	(2)	The chief executive, or the employer’s insurer, may request the employer to make available any of the records mentioned in subsection (1).
	(3)	The employer must make the records available, not later than 3 days after a request is made, to the person who requested the records.
Maximum penalty:  50 penalty units.
	(4)	An offence against subsection (3) is a strict liability offence.
	(5)	In this section:
certificate of currency—see section 160.
42	New section 201A
insert
201A	Civil liability of executive officers
	(1)	This section applies if the chief executive is entitled to recover an amount from a corporation under section 149 (Failure to maintain compulsory insurance policy—chief executive entitled to recovery amount) or section 162A (Avoiding payment of premium—chief executive entitled to recovery amount).
	(2)	An amount is not recoverable from a corporation if the chief executive is satisfied that the amount is unlikely to be recovered by reasonable recovery efforts because the corporation is being wound up or is unable to pay its debts or otherwise.
	(3)	The chief executive may recover the amount from an executive officer if the officer was a culpable executive officer at the relevant time.
	(4)	An executive officer is culpable at the relevant time if the officer was an executive officer of the corporation at any time during which the corporation committed the offence to which the entitlement to recover relates.
	(5)	However, an executive officer is culpable only if—
	(a)	the officer knew, or ought reasonably to have known, that the offence was committed; or
	(b)	the officer was in a position to influence the corporation’s conduct in relation to the offence; or
	(c)	the officer, being in a position to influence the conduct of the corporation, failed to exercise appropriate diligence to prevent the corporation committing the offence.
	(6)	If more than 1 executive officer of a corporation is culpable, the culpable executive officers are jointly and severally liable for any amount the chief executive may recover under this section.
	(7)	If an amount is recovered from an executive officer under this section, the executive officer may recover the amount from the officer’s corporation.
	(8)	This section does not apply to an amount the chief executive is entitled to recover from a corporation in relation to an offence that the corporation committed before the commencement of this section. 
43	Section 203 (6), definition of defined provision, new paragraph (a) (xi)
substitute
	(xi)	section 162 (False information causing lower premium);
44	Membership of committee 
Schedule 3, section 3.4 (1) (b)
substitute
	(b)	the chief executive; and
45	Schedule 3, section 3.7
substitute
3.7	Committee chair
The committee chair is the chief executive.
46	Dictionary, new definitions
insert
decision-maker, for chapter 12 (Notification and review of decisions)—see section 199A (1).
internally reviewable decision, for chapter 12 (Notification and review of decisions)—see section 199B (1).
internal reviewer, for chapter 12 (Notification and review of decisions)—see section 199B (3).
47	Dictionary, definitions of recognised auditor and reviewable decision
substitute
recognised auditor, for the DI fund, means an auditor who is not employed or engaged by the DI fund.
reviewable decision, for chapter 12 (Notification and review of decisions)—see section 199.
48	Dictionary, new definition of total wages
insert
total wages—see section 7A.

Part 3	Workers Compensation Regulation 2002
49	Legislation amended—pt 3
This part amends the Workers Compensation Regulation 2002.
50	New section 8A
in part 2, insert
8A	Calculation of total wages—Act, s 7A, def total wages
The ACT Wages and Earnings Guide is prescribed for working out total wages.
Note	The ACT Wages and Earning Guide is accessible at www.ors.act.gov.au/workcover.
51	Part 5
substitute
Part 5	Rehabilitation providers
16	Minister may approve rehabilitation providers
	(1)	The Minister may, in writing, approve a person as a rehabilitation provider.
	(2)	The Minister may approve a rehabilitation provider for not longer than 3 years.
17	Procedure for approval of rehabilitation provider
In deciding whether to approve a person as a rehabilitation provider, the Minister must act in accordance with the Guide—Nationally Consistent Approval Framework for Workplace Rehabilitation Providers as in force from time to time.
Note	The Guide—Nationally Consistent Approval Framework for 
Workplace Rehabilitation Providers is accessible at www.hwca.org.au/NationalGuide.php.
52	Sections 98 and 98A
substitute
98	Reviewable decision—Act, s 199 (b)
A decision mentioned in schedule 3, part 3.1, column 3, under a provision mentioned in column 2 in relation to the decision, is prescribed.
98A	Notice of reviewable decision—Act, s 199A (1)
An entity mentioned in schedule 3, part 3.1, column 4 in relation to a decision is prescribed for the decision.
98B	Internal review of certain decisions—Act, s 199B (1)
A reviewable decision mentioned in schedule 3, part 3.2, column 3 under a provision mentioned in column 2 in relation to the decision, is declared to be an internally reviewable decision.
53	Schedule 3 
substitute
Schedule 3	Reviewable decisions
(see s 98, s 98A and s 98B)
Part 3.1	Reviewable decisions

column 1
item	column 2
section	column 3
decision	column 4
entity	column 5
decision-maker	
1	Act, 18 (3)	refuse to exempt principal from s 18 (2) (which makes commercial volunteers workers)	applicant for exemption	Minister	
2	Act, 145 (1)	refuse to approve insurer	applicant for approval	Minister	
3	Act, 149 (4)	determine recovery amount	employer	chief executive	
4	Act, 162A (3)	determine recovery amount	employer	chief executive	
5	16 (1)	refuse to approve person as rehabilitation provider	applicant for approval	Minister	
6	16 (2)	approve rehabilitation provider for less than 3 years	applicant for approval	Minister	
7	28	impose condition on rehabilitation provider’s approval	rehabilitation provider	Minister	
8	33	suspend rehabilitation provider’s approval, amend conditions of rehabilitation provider’s approval or censure the approved rehabilitation provider	rehabilitation provider that has approval suspended or that has conditions amended or that is censured	Minister	
9	34	revoke or suspend rehabilitation provider’s approval, amend conditions of rehabilitation provider’s approval or censure the approved rehabilitation provider	rehabilitation provider that has approval revoked or suspended or that has conditions amended or that is censured	Minister	
10	70	approve insurer for less than 3 years	applicant for approval	Minister	
11	79	impose condition on insurer’s approval	insurer	Minister	
12	81	suspend insurer’s approval, amend conditions of insurer’s approval or censure the approved insurer	insurer that has approval suspended or conditions amended or that is censured	Minister	
13	82	suspend or revoke insurer’s approval, amend conditions of insurer’s approval or censure the approved insurer	insurer that has approval revoked or suspended or conditions amended or that is censured	Minister	
14	87	refuse to exempt an employer from requirement to maintain compulsory insurance policy	applicant for exemption	Minister	
15	91	impose condition on employer’s exemption	employer	Minister	
16	93	suspend self‑insurer’s exemption, amend conditions of self‑insurer’s exemption or censure the self‑insurer	self-insurer that has approval suspended or conditions amended or that is censured	Minister	
17	94	suspend or revoke self‑insurer’s exemption, amend conditions of self-insurer’s exemption or censure the self‑insurer	self-insurer that has approval revoked or suspended or conditions amended or that is censured	Minister	
Part 3.2	Internally reviewable decisions

column 1
item	column 2
section	column 3
decision	column 4
decision-maker	
1	Act, 149 (4)	determine recovery amount	chief executive	
2	Act, 162A (3)	determine recovery amount	chief executive	

Part 4	Taxation Administration Act 1999
54	Legislation amended—pt 4
This part amends the Taxation Administration Act 1999.
55	Other permitted disclosures
Section 97 (d) (iv)
substitute
	(iv)	for the Workers Compensation Act 1951—the DI fund manager and the chief executive for the Workers Compensation Act 1951;

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 19 November 2009.
2	Notification
	Notified under the Legislation Act on 16 December 2009.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Workers Compensation Amendment Bill 2009, which was passed by the Legislative Assembly on 10 December 2009. 

Clerk of the Legislative Assembly

© Australian Capital Territory 2009