Victorian Current Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 434

Registration of employers

    (1)     The Authority must maintain a register of employers for the purposes of this Act.

S, 434(2) amended by No, 44/2014 s. 24(21).

    (2)         An employer which, immediately before 1 July 2014, was the holder of a WorkCover insurance policy within the meaning of section 7(1) of the Accident Compensation (WorkCover Insurance) Act 1993 , as in force immediately before that date, issued to the employer under that Act and in force immediately before that date, is taken, on and after that date, to be registered under this section until the registration is cancelled by the Authority.

    (3)     An employer to which section 430(1) applies which is not registered, and is not taken to be registered by reason of subsection (2), must apply for registration as an employer under this Act to the Authority in a form and manner approved by the Authority within 60 days after the employer becomes aware, or reasonably ought to have become aware, that section 430(1) applies to the employer.

Penalty:     In the case of a natural person, 240 penalty units;

In the case of a body corporate, 1200 penalty units.

    (4)     The Authority must register the applicant as an employer.

    (5)     The Authority may cancel the registration of a person as an employer if satisfied that the person is not an employer to which section 430(1) applies.

    (6)     If the Authority is satisfied that—

        (a)     an employer is a trustee of 2 or more trusts; and

        (b)     2 or more of the trusts for which the employer is trustee carry on separate businesses; and

        (c)     the employer employs workers in relation to the businesses carried on by the trusts; and

        (d)     at least one of the businesses is carried on independently of, and is not connected with, the carrying on of the other business or businesses—

the Authority may make—

        (e)     one entry in the register in respect of the businesses that are connected; and

        (f)     another entry in the register in respect of a business carried on independently of the other businesses.

    (7)     Except as provided in subsection (6), the Authority must not make more than one entry in the register for the same employer.

    (8)         In this section—

"holder of a WorkCover insurance policy" does not include an employer deemed under section 7(3A) of the Accident Compensation (WorkCover Insurance) Act 1993 to have in force a policy of insurance under subsection (1)(a) of that section;

"worker" includes an apprentice.



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