Victorian Numbered Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 (NO. 67 OF 2013) - SECT 378

Adjustment of application fee

    (1)     This section applies if an application fee paid by an employer for approval as a self-insurer was determined in accordance with Schedule 7 on the basis of the relevant remuneration of the applicant as estimated by the Authority under section 377.

    (2)     At any time after the expiry of the period in relation to which the estimate was made, the Authority may request from the employer any information required by the Authority to determine the relevant remuneration paid or payable by the applicant and its eligible subsidiaries during that period.

    (3)     An employer must provide any information requested by the Authority under subsection (2) within 28 days of the request or within such other period of time as the Authority allows.

    (4)     An adjustment to the application fee must be made in accordance with subsection (5) or (6), as appropriate, if—

        (a)     the relevant remuneration varies by 10 per cent or more from that estimated by the Authority; and

        (b)     either—

              (i)     the employer has made a written request to the Authority for an adjustment of the fee; or

              (ii)     the Authority, in its discretion, has decided to adjust the fee.

    (5)     If the fee paid is less than the amount that would have been payable had the relevant remuneration been used to calculate the application fee, the difference is payable by the employer to the Authority and may be recovered by the Authority as a debt payable to the Authority.

    (6)     If the fee paid is more than the amount that would have been payable had the relevant remuneration been used to calculate the application fee, the difference must be reimbursed by the Authority to the employer.



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