Australian Capital Territory
Workers Compensation Amendment Act 2013
A2013-46
    
Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Contributions to DI fund by approved insurers and self‑insurers
Section 168A (2)	2
	5	Section 168A (6), new note	3
	6	Section 168A (8), definitions of gross written premiums and notional gross written premium	3
	7	Supplementary contributions to DI fund by approved insurers and self‑insurers
Section 168AA (3)	3
	8	Effect of payment of claims
Section 171I (1) (c), new note	3
	9	Application of pt 8.3 to insurers
Section 179A (3), definition of insurer’s market share	4
	10	Section 210	4
	11	Section 211 heading	6
	12	Section 211	7
	13	Dictionary, new definitions	7

Australian Capital Territory
Workers Compensation Amendment Act 2013
A2013-46

An Act to amend the Workers Compensation Act 1951

    

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

1	Name of Act
This Act is the Workers Compensation Amendment Act 2013.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Workers Compensation Act 1951.
4	Contributions to DI fund by approved insurers and self‑insurers
Section 168A (2)
substitute
	(2)	The DI fund manager may—
	(a)	apportion liability for the annual insurer contribution among approved insurers and self-insurers; and
	(b)	determine whether an insurer or self-insurer’s apportioned liability must be paid—
	(i)	quarterly; or
	(ii)	if the DI fund manager considers it necessary for the sustainable functioning of the DI fund—within a time stated by the DI fund manager.
	(2A)	The DI fund manager must state the apportioned liability of the annual insurer contribution as a percentage of—
	(a)	for an approved insurer—the gross written premiums for the insurer; or
	(b)	for a self-insurer—the notional gross written premium for the self-insurer.
5	Section 168A (6), new note
insert
Note	An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
6	Section 168A (8), definitions of gross written premiums and notional gross written premium
omit
7	Supplementary contributions to DI fund by approved insurers and self-insurers
Section 168AA (3)
substitute
	(3)	Section 168A (2), (2A) and (3) apply to the apportionment of a supplementary annual insurer contribution under this section as if the contribution were an annual insurer contribution.
8	Effect of payment of claims
Section 171I (1) (c), new note
insert
Note	An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
9	Application of pt 8.3 to insurers
Section 179A (3), definition of insurer’s market share
omit
section 210 (1) (Apportionment of costs of administration of Act)
substitute
section 210 (1) (Apportioning cost of administering workers compensation and safety legislation)
10	Section 210
substitute
210	Apportioning cost of administering workers compensation and safety legislation
	(1)	The Minister may apportion liability for the cost of administering the workers compensation and safety legislation for a financial year among the entities that are approved insurers or self-insurers during the year.
	(2)	To apportion liability for a financial year, the Minister must—
	(a)	determine the overall cost of administering the workers compensation and safety legislation for the year, based on either—
	(i)	the actual cost of administering the legislation; or
	(ii)	an estimate of the cost of administering the legislation; and
	(b)	as far as practicable, determine an amount of the cost of administering the workers compensation and safety legislation that is attributable, or estimated to be attributable, to each insurer and self-insurer for the year.
	(3)	If the Minister apportions liability based on an estimate of costs for a financial year (an estimate year), the Minister must ensure each insurer and self-insurer’s apportioned liability for a later financial year is adjusted to take into account—
	(a)	the actual overall cost of administering the workers compensation and safety legislation for the estimate year; and
	(b)	the actual cost of administering the workers compensation and safety legislation that is attributable, or estimated to be attributable, to the insurer and self-insurer for the estimate year.
	(4)	The Minister may apportion liability in relation to an estimate year, and give notice under section 210A for the year, before any actual cost of administering the workers compensation and safety legislation for the year has been incurred.
	(5)	If an amount apportioned to an insurer or self-insurer is not paid within the time stated for payment in a notice under section 210A, the amount is a debt owing to the Territory by the insurer or self‑insurer.
Note	An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
	(6)	An amount received because of an apportionment under this section must be paid into a directorate banking account maintained by the director‑general in accordance with the Financial Management Act 1996, section 34 (2).
	(7)	For this section, the cost of administering the workers compensation and safety legislation includes a cost incurred by the Magistrates Court in relation to the workers compensation and safety legislation.
210A	Notice of apportioned liability
	(1)	If the Minister apportions liability under section 210, the Minister must give each approved insurer and self-insurer a written notice that—
	(a)	sets out details of the apportionment; and
	(b)	requires the insurer or self-insurer to pay to the Territory the amount apportioned to the insurer or self-insurer within the time for payment stated in the notice.
	(2)	The time stated for payment in the notice must not be shorter than 30 days after the day the approved insurer or self-insurer receives the notice.
	(3)	The Minister may amend or revoke a notice given under this section.
	(4)	In subsection (1) (b):
the amount means either—
	(a)	an amount in dollars; or
	(b)	a percentage—
	(i)	for an approved insurer—of the gross written premiums for the insurer; or
	(ii)	for a self-insurer—of the notional gross written premium for the self-insurer.
11	Section 211 heading
substitute
211	Amounts for administering workers compensation and safety legislation
12	Section 211
omit
this Act
substitute
the workers compensation and safety legislation
13	Dictionary, new definitions
insert
gross written premiums, in relation to an approved insurer, means the total amount of premiums, less GST, for all insurance policies written by the insurer for a policy period.
notional gross written premium, in relation to a self-insurer, means the total amount of premium that would have been payable, less GST, if the self‑insurer had obtained a compulsory insurance policy for a policy period.
workers compensation and safety legislation means this Act and the Work Health and Safety Act 2011.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 15 August 2013.
2	Notification
	Notified under the Legislation Act on 12 November 2013.
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 2013, which was passed by the Legislative Assembly on 31 October 2013. 

Clerk of the Legislative Assembly

© Australian Capital Territory 2013