Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 384

Review of approval

    (1)     The Authority, at any time, may review the approval of an employer as a self-insurer.

    (2)     Without limiting subsection (1), the Authority may review the approval of an employer as a self‑insurer if—

        (a)     the employer is a holding company approved as a self-insurer under this Part for workers employed by its eligible subsidiaries and it ceases to be the holding company in relation to any of those eligible subsidiaries; or

        (b)     the employer is approved as a self-insurer for workers employed by an eligible subsidiary of the employer and that eligible subsidiary ceases to be an eligible subsidiary of the employer; or

        (c)     an eligible subsidiary of the employer—

              (i)     becomes a non-WorkCover employer; or

              (ii)     ceases to be a non-WorkCover employer; or

              (iii)     is partly acquired by another company; or

S. 384(2)(ca) inserted by No. 48/2017 s. 32.

        (ca)     the employer or an eligible subsidiary of the employer ceases to employ all of its workers; or

        (d)     the employer acquires an eligible subsidiary; or

        (e)     the employer acquires all the shares in a subsidiary in which it already holds shares; or

        (f)     the employer ceases to hold all the shares in a subsidiary; or

        (g)     the employer undergoes a corporate restructure; or

        (h)     the employer acquires the assets or the employees of another company but not the company itself.

    (3)     The Authority must review the approval of an employer as a self-insurer if—

        (a)     the Authority is of the opinion that the employer is no longer capable of meeting its claim liabilities as and when they fall due; or

        (b)     the employer becomes the subsidiary of another body corporate (other than a foreign company within the meaning of the Corporations Act that is not a registered foreign company within the meaning of that Act); or

        (c)     having regard to the matters specified in section 379(4), the Authority is no longer satisfied that the employer is fit and proper to be a self-insurer.

    (4)     The Authority must review the approval of an employer as a self-insurer if—

        (a)     the employer is under official management, is commenced to be wound up or has ceased to carry on business; or

        (b)     a receiver or receiver and manager is appointed in respect of the property or part of the property of the employer under the Corporations Act; or

        (c)     the employer enters into a compromise or scheme of arrangement with its creditors; or

        (d)     the employer is a target within the meaning of the Corporations Act.

    (5)     If any of the circumstances referred to in subsection (2), (3)(b) or (4) occur in relation to a self-insurer, or an eligible subsidiary of a self‑insurer, the self-insurer must notify the Authority in writing within 28 days of the occurrence of the circumstances.

Penalty:     In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback