Victorian Current Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 415

Actuary to assess tail claims liabilities

    (1)     If, immediately before the exit date, the non-WorkCover employer had a statutory contract of insurance under section 435 , an actuary appointed by the Authority must undertake an assessment of—

        (a)     the tail claims liabilities; and

        (b)     the available assets.

    (2)     If, immediately before the exit date, the non-WorkCover employer was a self-insurer or an eligible subsidiary of a self-insurer to which this Part applies, an actuary appointed by the Authority must assess the tail claims liabilities.

    (3)     If a non-WorkCover employer referred to in subsection (2) fails to permit the actuary to inspect the books of the non-WorkCover employer to enable that assessment to be made, the tail claims liabilities are deemed to be the amount that the actuary determines to be the tail claims liabilities of the non-WorkCover employer.

    (4)     The non-WorkCover employer must pay the cost of conducting the assessment.

    (5)     The actuary must provide the non-WorkCover employer with a copy of the proposed assessment.

    (6)     The non-WorkCover employer may provide comments to the actuary within 28 days of receiving a copy of the proposed assessment or within any further period as may be agreed between the Authority and the non-WorkCover employer.

    (7)     The actuary must finalise the assessment after considering any comments received under subsection (6).



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