Australian Capital Territory
Workers Compensation (Default Insurance Fund Advisory Committee) Appointment 2008 (No 1)*

Disallowable instrument DI 2008-224
made under the
Workers Compensation Act 1951, Schedule 3

EXPLANATORY STATEMENT

The Workers Compensation Act 1951 establishes a Default Insurance Fund to provide a safety net to meet the costs of workers’ compensation claims made by workers where either an employer has not taken out a workers’ compensation insurance policy, or, where they have, their insurer becomes insolvent or otherwise cannot provide the indemnity required to meet the cost of the claim.  

Schedule 3 of the Workers Compensation Act establishes a Committee to provide advice to the Minister and Fund Manager on operating the Fund.  The responsible Minister must appoint six members to the Default Insurance Fund Advisory Committee.  Two members nominated by an appropriate peak body are appointed to represent the interests of approved insurers on the Committee, two members nominated by an appropriate peak body are appointed represent the interests of employers on the Committee, and two members nominated by an appropriate peak body are appointed to represent the interests of employees on the Committee.

Appointees to the Committee are not remunerated for their time nor are they public servants.  Accordingly, Division 19.3.3 of the Legislation Act 2001 applies to this appointment and makes it disallowable.

In accordance with s 228 of the Legislation Act, the Standing Committee on Legal affairs has been consulted in making this appointment.

Provisions of the Instrument

Clause 1 provides that the name of the instrument is the Workers Compensation (Default Insurance Fund Advisory Committee) Appointment 2008 (No 1).

Clause 2 provides that the instrument commences on the day after notification.

Clause 3 repeals the Disallowable Instrument from 2006 which appointed 
Mr Peter Bradley to the Committee, who tendered his resignation during 2008.

Clause 4 appoints Ms Lurnea Simmons to the Default Insurance Fund Advisory Committee as a representative of approved insurers.  

Clause 5 covers the term of Ms Simmons’ appointment.  The appointment commences the day after notification and expires on the same day that all existing members’ appointments expire – 24 October 2009.