Public Sector Workers Compensation Fund Act 2018 (ACT)
Public Sector Workers Compensation Fund Act 2018
A2018-47
Republication No 3
Effective: 3 March 2020
Republication date: 3 March 2020
Last amendment made by A2019‑42
About this republication
The republished law
This is a republication of the Public Sector Workers Compensation Fund Act 2018 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 3 March 2020. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 3 March 2020.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Public Sector Workers Compensation Fund Act 2018
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5Offences against Act—application of Criminal Code etc 2
6 Object of Act 3
Part 2 Public Sector Workers Compensation Fund
7 Public Sector Workers Compensation Fund—establishment 4
8 PSWC fund directorate 4
9 PSWC fund banking accounts 4
10 Payment of public sector workers compensation appropriations 4
11 Appropriation of certain amounts for PSWC fund 5
12 Payments from PSWC fund banking accounts 5
13 Closure of PSWC fund banking accounts 6
14 Investment of amounts in PSWC fund banking accounts 6
15 Returns on amounts appropriated for PSWC fund 7
16 Determination of amounts to be contributed to PSWC fund 8
17 PSWC fund management guidelines 8
Part 3 Administration
18 Appointment of PSWC commissioner 10
19 Functions of PSWC commissioner 10
20 Delegation by PSWC commissioner 11
21 Arrangements for staff 11
22 Power to engage consultants and contractors including claims manager 11
23 Claims manager’s functions 12
24 PSWC Fund Advisory Committee—establishment 13
25 Functions of advisory committee 13
26 Membership of advisory committee 14
27 Quorum for advisory committee meetings 14
28 Use and disclosure of protected information 15
29 Protection from liability 17
Dictionary18
Endnotes
1 About the endnotes 20
2 Abbreviation key 20
3 Legislation history 21
4 Amendment history 21
5 Earlier republications 22
6 Expired transitional or validating provisions 22
Public Sector Workers Compensation Fund Act 2018
An Act to provide for the management of funds dedicated to meeting the workers compensation liabilities of the Territory, and for other purposes
Part 1Preliminary
Name of Act
This Act is the Public Sector Workers Compensation Fund Act 2018.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘PSWC fund—see section 7.’ means that the term ‘PSWC fund’ is defined in that section.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Object of Act
The main object of this Act is to establish financial and prudential governance in relation to the Territory’s obligations as a self-insured licensee under the SRC Act.
Part 2Public Sector Workers Compensation Fund
Public Sector Workers Compensation Fund—establishment
The Public Sector Workers Compensation Fund (the PSWC fund) is established.
PSWC fund directorate
The Treasurer must, under the Financial Management Act 1996, dictionary, definition of directorate, paragraph (b), establish and keep a directorate for the PSWC fund (the PSWC fund directorate).
PSWC fund banking accounts
(1)The director-general must open and keep 1 or more banking accounts (a PSWC fund banking account) solely for the management of the PSWC fund.
(2)A PSWC fund banking account is a directorate banking account of the PSWC fund directorate.
Payment of public sector workers compensation appropriations
An amount appropriated by a public sector workers compensation appropriation must be paid into a PSWC fund banking account.
Appropriation of certain amounts for PSWC fund
The following amounts, whether received or receivable before or after the commencement of this Act, are appropriated for the purposes of the PSWC fund and must be paid into a PSWC fund banking account:
(a)an amount received from the Commonwealth or Comcare in relation to a licence granted to the Territory under the SRC Act, section 103;
(b)an amount held by the Australian Capital Territory Insurance Authority in relation to workers compensation liabilities under the SRC Act;
(c)premium amounts;
(d)the returns on money held in the account;
(e)money required to be paid into the fund under this Act or any other Act;
(f)all other money received by the PSWC commissioner for payment into the PSWC fund.
Payments from PSWC fund banking accounts
The following amounts only are to be paid out of a PSWC fund banking account:
(a)all payments required to be made by the Territory under the SRC Act;
(b)the reasonable costs and expenses incurred by the Territory or the claims manager in the management of a workers compensation claim against the Territory under the SRC Act;
(c)the reasonable costs of remuneration, allowances, office accommodation and similar costs of the PSWC commissioner in exercising the commissioner’s functions under this Act;
(d)reasonable costs related to meetings of the advisory committee;
(e)in accordance with the guidelines—any refund of premium amounts paid into the fund.
Closure of PSWC fund banking accounts
If a PSWC fund banking account is closed, the balance of money in the account must be paid into another PSWC fund banking account.
Investment of amounts in PSWC fund banking accounts
(1)An amount in a PSWC fund banking account that is not immediately needed for a purpose mentioned in section 12 may be invested—
(a)by the Treasurer, for the PSWC fund banking account, in an investment mentioned in the Financial Management Act 1996, section 38 (1) (a) to (e); or
(b)in any investment prescribed by a PSWC fund investment guideline under section 17.
(2)For subsection (1) (a), the investment must be consistent with any investment prescribed by a PSWC fund investment guideline.
(3)Transfers between the territory banking account and PSWC fund banking accounts to facilitate investment may be made without appropriation.
(4)Returns received by the Territory for the investment of amounts from a PSWC fund banking account must be paid into a PSWC fund banking account.
(5)Any fees or expenses reasonably incurred in making or managing an investment of an amount from a PSWC fund banking account may be deducted from the investment.
(6)Returns that must be paid into a PSWC fund banking account under subsection (4) may be paid into the account directly or through the territory banking account.
(7)If returns to be paid to a PSWC fund banking account are paid into the territory banking account under subsection (6), the returns may be paid to the PSWC fund banking account from the territory banking account without further appropriation.
Returns on amounts appropriated for PSWC fund
(1)A public sector workers compensation appropriation, whether made before or after the commencement of this Act, is taken to be an appropriation of—
(a)the amount stated in the appropriation; and
(b)any returns received on the investment of the amount, or any part of it, under this Act.
(2)Returns received by the Territory on an investment under this Act of an amount from a public sector workers compensation appropriation must be applied for the purposes for which the amount invested was appropriated.
(3)Any fees or expenses reasonably incurred in making or managing an investment of an amount from a public sector workers compensation appropriation may be deducted from the investment.
Determination of amounts to be contributed to PSWC fund
(1)Before the beginning of each financial year, or any other period determined by the PSWC commissioner (the contribution period), the PSWC commissioner must determine, in writing, the amount needed to be paid by the Territory into the PSWC fund in the contribution period (the premium amount)—
(a)to fully fund the present and likely future liabilities of the Territory under the SRC Act in relation to a particular injury, loss or damage suffered by, or in relation to the death of, some or all of its employees under the SRC Act during the contribution period; and
(b)to meet the payments needed to be made from the PSWC fund (other than under the SRC Act) during the contribution period; and
(c)to provide for any other matters the PSWC commissioner should, in all the circumstances, prudently make provision for in relation to liabilities of the Territory under the SRC Act.
(2)The premium amount must be an amount that the PSWC commissioner reasonably believes will result in the acceptable funding ratio for the PSWC fund consistent with the guidelines.
(3)In determining the premium amount, the PSWC commissioner must take into account actuarial advice for the contribution period.
PSWC fund management guidelines
(1)The Treasurer may make guidelines in relation to the PSWC fund including provision about—
(a)investment under section 14; and
(b)the acceptable funding ratio for the fund and the period of time in which the fund must return to an acceptable funding ratio if the fund is in deficit.
(2)The Minister may make guidelines in relation to the PSWC fund including provision about—
(a)how the PSWC commissioner must determine the premium amount; and
(b)how premium amounts must be paid to the fund; and
(c)reporting requirements; and
(d)financial and governance requirements that must be met by any contracted claims manager.
(3)A guideline is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Part 3Administration
Appointment of PSWC commissioner
(1)The Minister must appoint a public servant as Public Sector Workers Compensation Commissioner (the PSWC commissioner).
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
(2)The PSWC commissioner must be appointed for not longer than 3 years.
NoteA person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).
Functions of PSWC commissioner
The PSWC commissioner has the following functions:
(a)managing the PSWC fund;
(b)advising the Minister about the administration, efficiency and effectiveness of the PSWC fund;
(c)in relation to a licence granted to the Territory under the SRC Act, section 103—
(i)managing the Territory’s liability under the SRC Act; and
(ii)managing claims under the SRC Act;
(d)any other function given to the PSWC commissioner under this Act or another territory law.
Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
Delegation by PSWC commissioner
(1)The PSWC commissioner may delegate the PSWC commissioner’s functions under section 19 to an authorised person.
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
(2)A delegate may subdelegate to an authorised person a function delegated under subsection (1) if the subdelegation is authorised, in writing, by the PSWC commissioner.
(3)In this section:
authorised person means—
(a)a public employee; or
(b)a person prescribed by regulation.
NotePublic employee—see the Legislation Act, dictionary, pt 1.
Arrangements for staff
The PSWC commissioner may arrange with the head of service to use the services of a public servant or Territory facilities.
NoteThe head of service may delegate powers in relation to the management of public servants to a public servant or another person (see Public Sector Management Act 1994, s 18).
Power to engage consultants and contractors including claims manager
(1)The PSWC commissioner may engage the consultants and contractors that may be necessary or convenient to exercise the PSWC commissioner’s functions.
(2)Without limiting subsection (1), the PSWC commissioner may engage an entity (a claims manager) to manage injuries in relation to which claims may be, or have been, made against the Territory under the SRC Act.
(3)However, the PSWC commissioner must not engage an entity under subsection (2) unless satisfied that the entity has the experience and expertise necessary to exercise the functions of a claims manager.
(4)The conditions of a consultant’s or contractor’s engagement are the conditions agreed between the PSWC commissioner and the consultant or contractor.
(5)To remove any doubt, this section does not give the PSWC commissioner the power to enter into a contract of employment.
Claims manager’s functions
(1)This section applies if the PSWC commissioner engages a claims manager.
(2)In managing claims, including individual claims, a claims manager may do the following in accordance with any guideline:
(a)investigate claims;
(b)assess the Territory’s liability in relation to claims under the SRC Act, including initial liability and ongoing liability;
(c)calculate benefits and authorise payments under the SRC Act;
(d)pay an amount in relation to a provisional liability medical cost;
(e)pay an amount in relation to a claim;
(f)manage claims data;
(g)manage disputes in relation to claims made against the Territory under the SRC Act;
(h)anything prescribed by regulation.
(3)A claims manager may also exercise any other function given to the claims manager under this Act or any other territory law.
Note 1A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Note 2A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
PSWC Fund Advisory Committee—establishment
The PSWC Fund Advisory Committee (the advisory committee) is established.
Functions of advisory committee
(1)The advisory committee has the following functions:
(a)to keep informed of the operations of the PSWC fund to provide the advice mentioned in paragraph (c);
(b)to assist in meeting the Territory’s liabilities under the SRC Act by providing advice about claims management in relation to injured employees of the Territory;
(c)if the Minister or the PSWC commissioner asks for advice in relation to the PSWC fund—to provide the advice requested.
(2)To remove any doubt, it is not a function of the advisory committee to provide advice about the investment of amounts in a PSWC fund banking account.
(3)The advisory committee may exercise any other function given to it under this Act or any other territory law.
NoteA provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
Membership of advisory committee
(1)The advisory committee consists of—
(a)the PSWC commissioner; and
(b)3 members appointed by the Minister to represent the interests of workers; and
(c)2 members appointed by the Minister to represent the interests of public sector bodies and territory instrumentalities.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
Note 3Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
(2)An appointment under subsection (1) must not be for longer than 3 years.
NoteA person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).
Quorum for advisory committee meetings
Business may be carried on at an advisory committee meeting only if the members present include—
(a)the PSWC commissioner; and
(b)1 member mentioned in section 26 (1) (b); and
(c)1 member mentioned in section 26 (1) (c); and
(d)at least 1 other member mentioned in section 26 (1) (b) or (c).
Use and disclosure of protected information
(1)An information holder commits an offence if—
(a)the information holder uses information; and
(b)the information is protected information about someone else; and
(c)the information holder is reckless about whether the information is protected information about someone else.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)An information holder commits an offence if—
(a)the information holder does something that discloses information; and
(b)the information is protected information about someone else; and
(c)the information holder is reckless about whether—
(i)the information is protected information about someone else; and
(ii)doing the thing would result in the information being disclosed to someone else.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(3)Subsections (1) and (2) do not apply if the information holder uses or discloses protected information about someone else (the protected person)—
(a)under this Act or another law applying in the ACT; or
(b)in relation to the exercise of a function, as an information holder, under this Act or another law applying in the ACT; or
(c)in a court proceeding; or
(d)with the protected person’s consent.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
(4)An information holder need not disclose protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another law applying in the ACT.
(5)In this section:
court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.
disclose includes—
(a)communicate; or
(b)publish.
information means information, whether true or not, in any form and includes an opinion and advice.
information holder means—
(a)a person who is or has been—
(i)the PSWC commissioner; or
(ii)the claims manager; or
(iii)a member of the advisory committee; or
(b)anyone else who exercises or has exercised a function under this Act.
produce includes allow access to.
protected information means information about a person that is disclosed to, or obtained by, an information holder because of the exercise of a function under this Act by the information holder or someone else.
use, in relation to information, includes make a record of the information.
Protection from liability
(1)The Commissioner is not civilly liable for conduct engaged in honestly and without recklessness—
(a)in the exercise of a function under this Act; or
(b)in the reasonable belief that the conduct was in the exercise of a function under this Act.
(2)Any civil liability that would, apart from this section, attach to the Commissioner attaches instead to the Territory.
(3)In this section:
conduct means an act or omission to do an act.
Dictionary
(see s 3)
Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1 defines the following terms:
· ACT
· authorised deposit-taking institution
· Commonwealth
· director-general (see s 163)
· entity
· financial year
· head of service
· in relation to
· public employee
· public sector body
· public servant
· State
· territory instrumentality
· territory law
· the Territory
· Treasurer.
advisory committee—see section 24.
Australian Capital Territory Insurance Authority means the Australian Capital Territory Insurance Authority established under the Insurance Authority Act 2005, section 7.
claims manager—see section 22 (2).
Comcare means the body corporate established under the SRC Act, section 68.
employee—see the SRC Act, section 5.
guidelines means guidelines made under section 17.
premium amount—see section 16.
PSWC commissioner—see section 18.
PSWC fund—see section 7.
PSWC fund banking account—see section 9.
PSWC fund directorate means the directorate established under section 8.
public sector workers compensation appropriation means an appropriation to the PSWC fund directorate declared by the Act by which it is made to be for public sector workers compensation.
returns, in relation to an investment—see the Financial Management Act 1996, dictionary.
SRC Act means the Safety, Rehabilitation and Compensation Act 1988 (Cwlth).
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Public Sector Workers Compensation Fund Act 2018 A2018-47
notified LR 4 December 2018
s 1, s 2 commenced 4 December 2018 (LA s 75 (1))
remainder commenced 1 March 2019 (s 2 (1) and CN2019-2)as amended by
Statute Law Amendment Act 2019 A2019-42 sch 1 pt 1.6
notified 31 October 2019
s 1, s 2 commenced 31 October 2019 (LA s 75 (1))
sch 1 pt 1.6 commenced 3 March 2020 (s 2 (3))Amendment history
Commencement
s 2om LA s 89 (4)
Appropriation of certain amounts for PSWC fund
s 11am A2019‑42 amdt 1.42
Investment of amounts in PSWC fund banking accounts
s 14am A2019‑42 amdts 1.43-1.49; ss, pars renum R3 LA
Returns on amounts appropriated for PSWC fund
s 15 hdgsub A2019‑42 amdt 1.50
s 15am A2019‑42 amdts 1.51-1.53
Transitional—engagement of claims manager
s 30exp 1 March 2020 (s 30 (3))
Consequential amendments
pt 4 hdgom LA s 89 (3)
Legislation amended—sch 1
s 31om LA s 89 (3)
Financial Management Act 1996—Consequential amendments
sch 1om LA s 89 (3)
Dictionary
dictdef returns ins A2019‑42 amdt 1.54
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
1 Mar 20191 Mar 2019–
1 Mar 2020not amended new Act R2
2 Mar 20202 Mar 2020–
2 Mar 2020not amended expiry of transitional provision (s 30)
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
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