New South Wales Consolidated Acts

WORKERS COMPENSATION ACT 1987 - SECT 3

3 Definitions

(cf former s 6 (1), (2), (13))

(1AA) In this Act, words and expressions have the same meanings as they have in the 1998 Act, unless this Act provides otherwise.

(1) In this Act--

"agency arrangement" means the contract or other arrangement by which a scheme agent is appointed.

"Authority" means the State Insurance Regulatory Authority constituted under the State Insurance and Care Governance Act 2015 .

"former Act" means the Workers' Compensation Act 1926 .

"former licensed insurer" means a person (not being a licensed insurer) who--

(a) was previously a licensed insurer under this Act or under section 27 of the former Act, and

(b) continues to have liabilities under policies of insurance previously issued or renewed by the person.

"group" means the employers who constitute a group under Division 2A of Part 7.

"GST" has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.

"Guarantee Fund" means the Insurers' Guarantee Fund established under section 227.

"ICNSW" means Insurance and Care NSW constituted under the State Insurance and Care Governance Act 2015 .

"injury" is defined by section 4.

"Insurance Fund" means the Workers Compensation Insurance Fund established under section 154D.

"licensed insurer" means an insurer who is the holder of a licence granted under Division 3 of Part 7 and in force.

"mine" means a mine within the meaning of the Coal Mines Regulation Act 1982 as in force immediately before its repeal by the Coal Mine Health and Safety Act 2002 , but does not include any place that, in accordance with section 10 (2) of the Work Health and Safety (Mines and Petroleum Sites) Act 2013 , is a place to which that Act does not apply.

"Nominal Insurer" means the Workers Compensation Nominal Insurer referred to in section 154A.

"NSW Trustee" means the NSW Trustee and Guardian constituted under the NSW Trustee and Guardian Act 2009 .

"premium income" --

(a) in relation to contributions payable under this Act by an insurer (other than a specialised insurer) in respect of a financial year--means the amount the insurer receives during that financial year as premiums in respect of policies of insurance issued or renewed by the insurer (whether the policies are issued or renewed during that financial year or during a previous financial year), or

(b) in relation to contributions payable under this Act by a specialised insurer in respect of a financial year--means the amount the insurer receives, whether during or after that financial year, as premiums in respect of policies of insurance issued or renewed by the insurer during that financial year,

and, in relation to contributions payable by any insurer, includes any amount comprising or attributable to GST and any amount prescribed by the regulations as included for the purposes of this definition in relation to that financial year, but does not include any amount prescribed by the regulations as excluded for the purposes of this definition in relation to that financial year.

"regulations" means regulations made under this Act.

"scheme agent" means a person appointed under section 154G to act as agent for the Nominal Insurer in connection with the exercise of any of the functions of the Nominal Insurer.

"self-insurer" means--

(a) the holder of a licence in force under Division 5 of Part 7, and

(b) a subsidiary of the licence holder covered for the time being by the licence (as provided by section 211A), and

(c) any Government employer covered for the time being by the Government's managed fund scheme (as provided by section 211B).

"specialised insurer" means a licensed insurer whose licence is endorsed with a specialised insurer endorsement.

"Workers Compensation Market Practice and Premiums Guidelines" means guidelines issued by the Authority under section 168 and in force.

Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(1A) A reference to a worker who has been injured includes, if the worker is dead, a reference to the worker's legal personal representative or the worker's dependants, or any other person to whom or for whose benefit compensation is payable.

(3) The exercise of the functions of a public or local authority shall, for the purposes of this Act, be treated as its trade or business.

(4) The operations of a racing or recreation club shall, for the purposes of this Act, be treated as its trade or business.

(5) The Crown shall, for the purposes of this Act, be treated as the employer of members of the Police Force.

(6) Notes included in the text of this Act do not form part of this Act.