Australian Capital Territory Numbered Acts

WORKERS COMPENSATION AMENDMENT ACT 2013 (NO. 46 OF 2013) - SECT 10

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.