Victorian Numbered Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 (NO. 67 OF 2013) - SECT 385

Revocation of approval

    (1)     The Authority, in accordance with this section, may revoke 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 claims 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 not satisfied that the employer is fit and proper to be a self-insurer; or

        (d)     the employer by notice in writing given to the Authority, requests that the approval be revoked; or

        (e)     the employer has failed to comply with—

              (i)     this Act or the regulations; or

              (ii)     any terms or conditions of its approval as a self-insurer; or

              (iii)     a Ministerial Order; or

              (iv)     any other subordinate instrument made under this Act or the regulations.

    (2)     The Authority, in accordance with this section, may revoke the approval of an employer as a self-insurer if, on the basis of a review conducted under section 384, the Authority is of the opinion that the approval should be revoked.

    (3)     The Authority must not revoke the approval of an employer as a self-insurer unless the Authority has given not less than 28 days notice in writing to the employer stating—

        (a)     the Authority's intention to revoke the approval; and

        (b)     the reasons for the intended revocation; and

        (c)     that the employer may, within 28 days after receiving the notice, make a written submission to the Authority.

    (4)     If the approval of the employer is revoked at the request of the employer—

        (a)     subsection (3) does not apply; and

        (b)     the Authority may give the employer a written notice of revocation at any time after receiving the request.

    (5)     If, within the time allowed under subsection (3)(c), the Authority receives a written submission from the employer, the Authority must consider the submission before deciding whether or not to revoke the approval of the employer as a self-insurer.

    (6)     If, after the expiry of the 28 days notice and after considering any submission from the employer, the Authority decides to revoke the approval of the employer as a self-insurer, the Authority must give the employer a written notice of revocation.

    (7)     The revocation of an approval of an employer as a self-insurer takes effect immediately after the day on which the notice of the revocation is given to the employer.



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