Victorian Current Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 421

Provision of guarantees

A non-WorkCover employer must ensure that there is in force—

        (a)     until the date a payment if required under section 419 is made; or

        (b)     if no payment is required, until the date which is 28 days after the notice of revised assessment is received under section 419

a guarantee—

        (c)     against insolvency risk given by an ADI to or in favour of the Authority in a form approved by the Authority in respect of 50 per cent of—

              (i)     in relation to the first year of the liability period, the initial assessment of tail claims liabilities until the end of the first year after the exit date;

              (ii)     in relation to the second and subsequent years of the liability period, the revised amount of the tail claims liabilities still outstanding as assessed at the end of each subsequent year for the duration of the next year until the date a payment (if any) is made under section 419; and

        (d)     against claims deterioration given by an ADI to or in favour of the Authority in a form approved by the Authority—

              (i)     in relation to the period from the exit date until the date a payment is made under section 418 or if no payment is required, until the date which is 28 days after the notice of assessment is received under section 418, for the amount, if any, by which the revised assessment of tail claims liabilities at the end of each year exceeds the initial assessment of tail claims liabilities;

              (ii)     in relation to the period from the
end of the period referred to in subparagraph (i) until the date a payment is made under section 419 or if no payment is required, until the date which is 28 days after the notice of assessment is received under section 419, or if a review is conducted under section 425, until the date on which the review is finalised, for the amount, if any, by which the revised assessment of tail claims liabilities at the end of each year exceeds the revised assessment of tail claims liabilities as assessed at the end of the third year.



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