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OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 151A

Contributions by non-WorkCover employers to the WorkCover Authority Fund

S. 151A(1) amended by No. 67/2013 s. 649(Sch. 9 item 25(7)(a)).

    (1)     The Authority must determine the amount of contributions payable into the WorkCover Authority Fund under section 513 of the Workplace Injury Rehabilitation and Compensation Act 2013 by non-WorkCover employers to be applied towards the costs and expenses incurred by the Authority for the provision of occupational health, safety and welfare regulation and related education and prevention services.

S. 151A(2) amended by No. 67/2013 s. 649
(Sch. 9 item 25(7)(b)–(e)).

    (2)     The amount is to be determined in accordance with the formula—

04-107a03100.jpg

where—

        "A"     is the rateable remuneration paid or payable by the non-WorkCover employer during the preceding financial year calculated as if the non-WorkCover employer were an employer liable to pay a premium under the Workplace Injury Rehabilitation and Compensation Act 2013 ;

        "B"     is the sum of the total rateable remuneration paid or payable—

              (i)     by all employers liable to pay a premium under the Workplace Injury Rehabilitation and Compensation Act 2013 during the preceding financial year; and

              (ii)     by all self-insurers calculated as if each self-insurer were an employer liable to pay a premium under the Workplace Injury Rehabilitation and Compensation Act 2013 during the preceding financial year; and

              (iii)     by all non-WorkCover employers calculated as if each non-WorkCover employer were an employer liable to pay a premium under the Workplace Injury Rehabilitation and Compensation Act 2013 during the preceding financial year;

        "C"     is the sum of—

              (i)     the total of the costs incurred by the Authority in the preceding quarter referred to in paragraphs (b), (c), (e), (f) and (k) of section 513(5) of the Workplace Injury Rehabilitation and Compensation Act 2013 ; and

              (ii)     the costs incurred by the Authority in the preceding quarter in the administration of Divisions 2 and 3 of Part 6 of the Workplace Injury Rehabilitation and Compensation Act 2013 ;

        "D"     is the sum of the costs incurred by the Authority during the preceding quarter, being the costs—

              (i)     referred to in section 513(5)(b) of the Workplace Injury Rehabilitation and Compensation Act 2013 ; and

              (ii)     the costs incurred in the administration of Divisions 2 and 3 of Part 11 of the Workplace Injury Rehabilitation and Compensation Act 2013 ;

        "E"     is, subject to any adjustment in accordance with subsection (3), the sum of the costs incurred by the Authority in the preceding quarter related to—

              (i)     the operation and management of its rehabilitation, compensation and insurance functions;

              (ii)     the administration, operation, management and maintenance of the Authority's central computer network used by authorised agents;

              (iii)     actuarial services provided to the Authority;

              (iv)     the administration and support of the operation and management of its rehabilitation, compensation and insurance functions (other than costs referred to in subparagraphs (ii) and (iii));

        "F"     is the sum of the costs, including the administration costs, incurred by the Authority in the preceding quarter directly related to the administration and support of public safety activities and operations;

        "G"     is 60% or, if another percentage, not exceeding 100%, is prescribed by the regulations for the purposes of this section, the prescribed percentage.

    (3)     The costs referred to in "E" in subsection (2) are to be assessed for each quarter and, following the annual audit of the Authority's financial statements, any necessary adjustments made to the total of "E" in the next quarterly contribution payable.

    (4)     The contribution by a non-WorkCover employer

        (a)     is payable on 1 August, 1 November, 1 February and 1 May in each year; and

        (b)     must be paid within 14 days of the due date.

    (5)     If a contribution is not paid by the due date, the amount of the contribution together with interest at the prescribed rate and a surcharge of $100 per day until the contribution is paid may be recovered by the Authority as a civil debt recoverable summarily.

    (6)     A non-WorkCover employer must at the intervals specified by the Authority submit to the Authority

        (a)     a return in the form approved by the Authority; and

        (b)     a statutory declaration in support of the information provided in the return—

to enable the Authority to determine the amount of contributions payable.

    (7)     A non-WorkCover employer who fails to comply with subsection (6) is guilty of an offence against this Act and liable to a penalty for each day during which the default continues of—

        (a)     1 penalty unit in the case of a natural person;

        (b)     5 penalty units in the case of a body corporate.

S. 151B inserted by No. 28/2005 s. 29.



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