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This is a Bill, not an Act. For current law, see the Acts databases.
WORKERS COMPENSATION AMENDMENT BILL 2009
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Industrial Relations)
Workers
Compensation Amendment Bill 2009
Contents
Page
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Industrial Relations)
Workers Compensation
Amendment Bill 2009
A Bill for
An Act to amend the
Workers Compensation Act
1951, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Workers Compensation Amendment Act 2009.
(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.
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
injurySection 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.
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 planSection
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
policySection 144
(2)
omit
section 147 (7) (Compulsory insurance—employers)
substitute
section 147A (7) (Compulsory insurance—offences)
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) 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.
(8) 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.
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 factor the chief executive considers relevant.
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-insurersSection
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)
omit
section 147 (1)
substitute
section 147A (2)
16 Information
for insurers on application for issue or renewal of
policiesSection 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.
omit
18 Information
for insurers after renewal of
policiesSection 156 (2) and
(3)
omit
certificate from a recognised auditor stating
substitute
statement of
omit
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
policiesSection 157
(2)
omit
certificate from a recognised auditor stating
substitute
statement of
omit
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
insurersSection 158 (2) and
(3)
omit
certificate
substitute
statement
25 Six-monthly
information for insurersSection 159
(1)
omit
statutory declaration
substitute
statement
omit
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.
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 factors the chief executive considers relevant.
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 offenceSection 163
(1), 1st dot point
substitute
• section 147A (Compulsory insurance—offences)
30 Purpose
of DI fundSection 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 paymentNew 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 inspectorsSection 190
(1)
omit
within 28 days
substitute
not later than 3 days
omit
certificate from a recognised auditor stating
substitute
statement of
omit
statutory declaration
substitute
statement
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
omit
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.
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.
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.
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.
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.
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.
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.
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 disclosuresSection 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 2009.
2 Notification
Notified under the Legislation Act on 2009.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2009
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