Workers Compensation Amendment Regulation 2020 (No 1) (ACT)

Workers Compensation Amendment Regulation 2020 (No 1)

Subordinate Law SL2020-40

The Australian Capital Territory Executive makes the following regulation under the Workers Compensation Act 1951.

Dated 9 September 2020.

Suzanne Orr

Minister

Rachel Stephen-Smith

Minister

Workers Compensation Amendment Regulation 2020 (No 1)

Subordinate Law SL2020-40

made under the

Workers Compensation Act 1951

1. Name of regulation

   This regulation is the Workers Compensation Amendment Regulation 2020 (No 1).

2. Commencement

   This regulation commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This regulation amends the Workers Compensation Regulation 2002.

4. New part 13

   insert

Part 13Transitional—Employment and Workplace Safety Legislation Amendment Act 2020

1. Extension of exemption for self‑insurers

   (1)This section applies if a self‑insurer’s exemption ends on 31 December 2020.

   (2)The work health and safety commissioner may, by written notice, extend the exemption for a further 12 months if the self‑insurer provides the following documents to support the extension:

   (a)a written statement by the self‑insurer that the self‑insurer will be able to meet present and future claims under the Act for which the self‑insurer is, or is expected to be, liable;

   (b)a guarantee from an authorised deposit‑taking institution in favour of the DI fund for the greater of the following amounts:

   (i)$750 000;

   (ii)an amount calculated by an actuary to be the estimate of outstanding claims liability at the balance date, plus a prudential margin of 30%;

   (c)a written statement by the self‑insurer that the self‑insurer will comply with—

   (i)the Act and this regulation; and

   (ii)the conditions of exemption imposed under division 10.3; and

   (iii)any protocol approved under section 101;

   (d)a written statement by the self‑insurer of the estimated total wages to be paid during the extension period by the self‑insurer to territory workers employed by the self‑insurer.

2. Extension of approval for approved insurers

   (1)This section applies if an approved insurer’s approval ends on 31 December 2020.

   (2)Despite section 70 (How long does insurer’s approval last?), the work health and safety commissioner may, by written notice, extend the approval for a further 12 months if the approved insurer provides the following documents to support the extension:

   (a)a written statement by the insurer that the insurer will be able to meet present and future claims under the Act for which the insurer is, or is expected to be, liable;

   (b)evidence that the insurer has adequate reinsurance, or other arrangements in place, to cover the insurer’s future liability under the Act;

   (c)a written statement by the insurer that the insurer will comply with—

   (i)the Act and this regulation; and

   (ii)the conditions of approval imposed under division 9.2; and

   (iii)any protocol approved under section 101.

3. Expiry—pt 13

   This part expires on the day the Employment and Workplace Safety Legislation Amendment Act 2020, part 3 (Workers Compensation Act 1951) commences.

   NoteA transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).

Endnotes

1. Notification

   Notified under the Legislation Act on 10 September 2020.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2020