{"id":"nsw:sl-2009-0229","name":"Insurance Premiums Order 2009–2010","slug":"insurance-premiums-order-2009-2010","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"229 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178284,"registerId":"nsw-nsw:sl-2009-0229-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Order","content":"#### 1 Name of Order\n\n1 Name of Order\n\n> This Order is the [Insurance Premiums Order 2009–2010](/view/html/inforce/current/sl-2009-0229).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Order commences at 4 pm on 30 June 2009 and must be published in the Gazette.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Calculation of insurance premium payable by employer","content":"#### 3 Calculation of insurance premium payable by employer\n\n3 Calculation of insurance premium payable by employer\n\n> > (1) The premium payable by an employer for a policy of insurance is to be calculated by requiring the premium to be calculated for a period of insurance of not more than 12 months and:\n> > \n> > > (a) if the employer is a medium or large employer for the purposes of the policy, in accordance with the following formula:\n> > > \n> > > ![](/image/((Type%3D%22subordleg%22)%20AND%20(No%3D0229)%20AND%20(Year%3D2009)%20AND%20(%22Historical%20Document%22%3D0))/g1.gif)\n> > \n> > > (b) if the employer is a small employer for the purposes of the policy, in accordance with the following formula:\n> > > \n> > > ![](/image/((Type%3D%22subordleg%22)%20AND%20(No%3D0229)%20AND%20(Year%3D2009)%20AND%20(%22Historical%20Document%22%3D0))/g2.gif)\n> > \n> > where:\n> > \n> > P is the premium for the time being payable by the employer in respect of the period of insurance to which the policy relates, being:\n> > \n> > > (a) except as provided by paragraph (b), the initial premium so payable in accordance with this Order, or\n> > \n> > > (b) where adjustments are required to be made to that premium by reason of the operation of this Order, the premium so payable by reason of those adjustments.\n> > \n> > T is the basic tariff premium for the employer, calculated with respect to the period of insurance in accordance with Schedule 3.\n> > \n> > S is the experience adjustment factor for the employer determined with respect to the period of insurance in accordance with Schedule 4.\n> > \n> > E is the experience premium, if any, for the employer determined with respect to the period of insurance in accordance with Schedule 5.\n> > \n> > Q is the premiums adjustment contribution, if any, for the employer.\n> > \n> > D is the dust diseases contribution, if any, for the employer.\n> > \n> > I is the input tax credit adjustment, if any, for the employer determined with respect to the period of insurance in accordance with Schedule 8.\n> > \n> > M is the Mine Safety Fund premium adjustment, if any, for the employer calculated with respect to the period of insurance in accordance with Schedule 9.\n> > \n> > A is the apprentice incentive amount, if any, for the employer determined with respect to the period of insurance in accordance with Schedule 10.\n> \n> > (2) However, where the basic tariff premium less the apprentice incentive amount \\[T − A\\] for a policy of insurance whose total premium is to be calculated under subclause (1) (a):\n> > \n> > > (a) is less than $50,000 (or, if the period of insurance is to be less than 12 months, where the basic tariff premium less the apprentice incentive amount \\[T − A\\] would be less than $50,000 were that period of insurance to be 12 months), the experience adjusted premium ![](/image/((Type%3D%22subordleg%22)%20AND%20(No%3D0229)%20AND%20(Year%3D2009)%20AND%20(%22Historical%20Document%22%3D0))/g3.gif) is not to exceed one and a half times the amount of that basic tariff premium ![](/image/((Type%3D%22subordleg%22)%20AND%20(No%3D0229)%20AND%20(Year%3D2009)%20AND%20(%22Historical%20Document%22%3D0))/g4.gif) , and\n> > \n> > > (b) is or exceeds $50,000 but is less than $150,000 (or, if the period of insurance is to be less than 12 months, where the basic tariff premium less the apprentice incentive amount \\[T − A\\] would be or would exceed $50,000 but would be less than $150,000 were that period of insurance to be 12 months), the experience adjusted premium ![](/image/((Type%3D%22subordleg%22)%20AND%20(No%3D0229)%20AND%20(Year%3D2009)%20AND%20(%22Historical%20Document%22%3D0))/g5.gif) is not to exceed twice the amount of that basic tariff premium ![](/image/((Type%3D%22subordleg%22)%20AND%20(No%3D0229)%20AND%20(Year%3D2009)%20AND%20(%22Historical%20Document%22%3D0))/g6.gif) , and\n> > \n> > > (c) is or exceeds $150,000 but is less than $300,000 (or, if the period of insurance is to be less than 12 months, where the basic tariff premium less the apprentice incentive amount \\[T − A\\] would be or would exceed $150,000 but would be less than $300,000 were that period of insurance to be 12 months), the experience adjusted premium ![](/image/((Type%3D%22subordleg%22)%20AND%20(No%3D0229)%20AND%20(Year%3D2009)%20AND%20(%22Historical%20Document%22%3D0))/g7.gif) is not to exceed two and a half times the amount of that basic tariff premium ![](/image/((Type%3D%22subordleg%22)%20AND%20(No%3D0229)%20AND%20(Year%3D2009)%20AND%20(%22Historical%20Document%22%3D0))/g8.gif) .\n> \n> > (3) However, if the employer is a member of a group:\n> > \n> > > (a) subclause (2) does not apply, and\n> > \n> > > (b) where the sum of the basic tariff premiums less the sum of apprentice incentive amounts \\[TG− AG\\] for all the members of that group:\n> > > \n> > > > (i) is less than $50,000 (or, if the period of insurance is to be less than 12 months, where the sum of basic tariff premiums less the sum of apprentice incentive amounts \\[TG− AG\\] would be less than $50,000 were that period of insurance to be 12 months), the experience adjusted premium for the employer’s policy ![](/image/((Type%3D%22subordleg%22)%20AND%20(No%3D0229)%20AND%20(Year%3D2009)%20AND%20(%22Historical%20Document%22%3D0))/g9.gif) is not to exceed one and a half times the amount of the employer’s basic tariff premium ![](/image/((Type%3D%22subordleg%22)%20AND%20(No%3D0229)%20AND%20(Year%3D2009)%20AND%20(%22Historical%20Document%22%3D0))/g10.gif) , and\n> > > \n> > > > (ii) is or exceeds $50,000 but is less than $150,000 (or, if the period of insurance is to be less than 12 months, where the sum of basic tariff premiums less the sum of apprentice incentive amounts \\[TG− AG\\] would be or would exceed $50,000 but would be less than $150,000 were that period of insurance to be 12 months), the experience adjusted premium for the employer’s policy ![](/image/((Type%3D%22subordleg%22)%20AND%20(No%3D0229)%20AND%20(Year%3D2009)%20AND%20(%22Historical%20Document%22%3D0))/g11.gif) is not to exceed twice the amount of the employer’s basic tariff premium ![](/image/((Type%3D%22subordleg%22)%20AND%20(No%3D0229)%20AND%20(Year%3D2009)%20AND%20(%22Historical%20Document%22%3D0))/g12.gif) , and\n> > > \n> > > > (iii) is or exceeds $150,000 but is less than $300,000 (or, if the period of insurance is to be less than 12 months, where the sum of basic tariff premiums less the sum of apprentice incentive amounts \\[TG− AG\\] would be or would exceed $150,000 but would be less than $300,000 were that period of insurance to be 12 months), the experience adjusted premium for the employer’s policy ![](/image/((Type%3D%22subordleg%22)%20AND%20(No%3D0229)%20AND%20(Year%3D2009)%20AND%20(%22Historical%20Document%22%3D0))/g13.gif) is not to exceed two and a half times the amount of the employer’s basic tariff premium ![](/image/((Type%3D%22subordleg%22)%20AND%20(No%3D0229)%20AND%20(Year%3D2009)%20AND%20(%22Historical%20Document%22%3D0))/g14.gif) ,\n> > \n> > where:\n> > \n> > AG is the sum of the sum of apprentice incentive amounts (if any) for all the members of the group calculated:\n> > \n> > > (a) where the period of insurance to which the premium relates is 12 months—in accordance with Schedule 10 with respect to that period of insurance, or\n> > \n> > > (b) where the period of insurance to which the premium relates is not 12 months—in accordance with Schedule 10 as if the policies to which the premiums relate had a period of insurance of 12 months.\n> > \n> > TG is the sum of the basic tariff premiums for all the members of the group calculated:\n> > \n> > > (a) where the period of insurance to which the premium relates is 12 months—in accordance with Schedule 3 with respect to that period of insurance, or\n> > \n> > > (b) where the period of insurance to which the premium relates is not 12 months—in accordance with Schedule 3 as if the policies to which the premiums relate had a period of insurance of 12 months.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Discount available for premiums paid in full","content":"#### 4 Discount available for premiums paid in full\n\n4 Discount available for premiums paid in full\n\n> An employer is entitled to a discount of 3 percent on the initial premium payable by the employer for a policy of insurance if:\n> \n> > (a) the period of insurance to which the policy relates is 12 months, and\n> \n> > (b) the employer has paid the discounted amount of the premium in full by the date on which payment of the premium is due, and\n> \n> > (c) the employer has not elected to pay the premium by instalments, and\n> \n> > (d) the employer has notified the insurer, in accordance with the regulations, of the reasonable estimate of the wages that will be payable during the period of insurance.\n> \n> Note—\n> \n> Clause 130 of the [Workers Compensation Regulation 2003](/view/html/repealed/current/sl-2003-0628) requires an employer to notify the insurer concerned of the matter referred to in paragraph (d).","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Recovery of excess from employer: section 160 of Act","content":"#### 5 Recovery of excess from employer: section 160 of Act\n\n5 Recovery of excess from employer: section 160 of Act\n\n> For the purposes of the definition of prescribed excess amount in section 160 (1) of the Act, the following excess amount is specified:\n> \n> > (a) if the employer concerned notified the relevant insurance scheme agent of the injury that led to the weekly compensation claim of the worker within 5 days of the employer becoming aware of it—$0,\n> \n> > (b) in all other cases—the lesser of the following:\n> > \n> > > (i) the amount that is the current weekly wage rate of the worker as determined by section 42 of the Act,\n> > \n> > > (ii) $1,654.40.\n> \n> Note—\n> \n> Under section 160 (2) of the Act, an employer is required to repay the prescribed excess amount to the insurer under a policy of insurance in respect of each weekly compensation claim that the insurer has paid under the policy. However, if the amount that the insurer has paid in respect of any such claim is less than the prescribed excess amount, the amount the employer must repay is that lesser paid amount.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Late payment prescribed rates: sections 170 (8) and 172 (5) of Act","content":"#### 6 Late payment prescribed rates: sections 170 (8) and 172 (5) of Act\n\n6 Late payment prescribed rates: sections 170 (8) and 172 (5) of Act\n\n> For the purposes of sections 170 (8) and 172 (5) of the Act, the prescribed rate is the interest rate referred to in section 22 of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097).","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Calculation of costs of individual claims and provisional payments of compensation: clauses 137 (2) (c) (ii) (C) and 138 (2) (c) (ii) (C) of Regulation","content":"#### 7 Calculation of costs of individual claims and provisional payments of compensation: clauses 137 (2) (c) (ii) (C) and 138 (2) (c) (ii) (C) of Regulation\n\n7 Calculation of costs of individual claims and provisional payments of compensation: clauses 137 (2) (c) (ii) (C) and 138 (2) (c) (ii) (C) of Regulation\n\n> For the purposes of clauses 137 (2) (c) (ii) (C) and 138 (2) (c) (ii) (C) of the [Workers Compensation Regulation 2003](/view/html/repealed/current/sl-2003-0628), the amount specified is $1,654.40.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Schedules form part of Order","content":"#### 8 Schedules form part of Order\n\n8 Schedules form part of Order\n\n> Schedules 1–12 form part of this Order.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Explanatory note","content":"#### 9 Explanatory note\n\n9 Explanatory note\n\n> The explanatory note does not form part of this Order.","sortOrder":8},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Interpretation","content":"# Schedule 1 Interpretation\n\nSchedule 1 Interpretation\n\n(Clause 8)","sortOrder":9},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Application","content":"# Schedule 2 Application\n\nSchedule 2 Application\n\n(Clause 8)","sortOrder":19},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Basic tariff premium","content":"# Schedule 3 Basic tariff premium\n\nSchedule 3 Basic tariff premium\n\n(Clause 3)","sortOrder":22},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Experience adjustment factor","content":"# Schedule 4 Experience adjustment factor\n\nSchedule 4 Experience adjustment factor\n\n(Clause 3)","sortOrder":25},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Experience premium","content":"# Schedule 5 Experience premium\n\nSchedule 5 Experience premium\n\n(Clause 3)","sortOrder":31},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"Minimum premium","content":"# Schedule 6 Minimum premium\n\nSchedule 6 Minimum premium\n\n(Clause 8)","sortOrder":36},{"sectionNumber":"Schedule 7","sectionType":"schedule","heading":"Reduction of premium for employers of previously injured workers etc","content":"# Schedule 7 Reduction of premium for employers of previously injured workers etc\n\nSchedule 7 Reduction of premium for employers of previously injured workers etc\n\n(Clause 8)","sortOrder":38},{"sectionNumber":"Schedule 8","sectionType":"schedule","heading":"Input tax credit adjustment","content":"# Schedule 8 Input tax credit adjustment\n\nSchedule 8 Input tax credit adjustment\n\n(Clause 3)","sortOrder":44},{"sectionNumber":"Schedule 9","sectionType":"schedule","heading":"Mine Safety Fund premium adjustment","content":"# Schedule 9 Mine Safety Fund premium adjustment\n\nSchedule 9 Mine Safety Fund premium adjustment\n\n(Clause 3)","sortOrder":48},{"sectionNumber":"Schedule 10","sectionType":"schedule","heading":"Apprentice incentive scheme","content":"# Schedule 10 Apprentice incentive scheme\n\nSchedule 10 Apprentice incentive scheme\n\n(Clause 3)","sortOrder":50}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":false,"description":"This is an annual Insurance Premiums Order made under the Workers Compensation Act 1987. Its scope remains consistent with the original legislative framework: setting premium rates and calculation methodologies for a specific financial year. While the specific dollar thresholds and rates are updated annually, the structural scope — covering premium calculation, experience rating, apprentice incentives, and various adjustments — remains within the original intent of the enabling Act."},"complexity_factors":["Multiple interdependent formulas with variables defined across different schedules (P = T × S + E + Q + D − I − M − A for medium/large employers; different formula for small employers)","Extensive cross-referencing between 12 schedules and external legislation (Workers Compensation Act 1987, Workers Compensation Regulation 2003, Apprenticeship and Traineeship Act 2001, Taxation Administration Act 1996, GST Act, Corporations Act 2001)","Nested conditional logic with multiple thresholds ($10,000, $50,000, $150,000, $300,000, $500,000) triggering different calculation methods or caps","Complex definitions of employer size (small/medium/large) with alternative tests based on premium amounts or wage totals, plus special rules for per capita rate industries","Experience rating system requiring historical claims data across multiple time periods (C0, C1, C2, W0, W1, W2) with different formulas for initial vs hindsight calculations","Special rules for group employers that override individual employer calculations, including complex allocation formulas when group members depart","Multiple exceptions and overrides: predecessor rules, self-insurer transitions, Comcare employers, breaks in insurance, dust diseases contributions","Mathematical formulas embedded as images (g1.gif through g60.gif) that cannot be read as text, making the legislation impossible to fully interpret without visual rendering","Detailed record-keeping requirements for motor vehicle and accommodation allowances with two alternative calculation methods (continuous recording vs averaging)","Industry classification system (NSWWIC System) requiring reference to external Table A and Table B published in the Gazette but not fully reproduced in the Order"],"plain_english_summary":"This legislation sets out how much New South Wales employers must pay for workers compensation insurance for the 2009–2010 financial year. It applies to most employers who are required by law to have this insurance.\n\n**What it does:**\n- **Calculates insurance premiums** using different formulas depending on whether an employer is small, medium, or large. Small employers (generally those paying less than $10,000 in base premium or $300,000 in wages) use a simpler calculation. Medium and large employers use a more complex formula that takes into account their claims history.\n- **Rewards good safety records** through an \"experience adjustment factor\" — employers with fewer claims pay less, while those with more claims pay more (subject to caps).\n- **Sets caps on premium increases** to protect employers from massive jumps in costs. For example, if your base premium is under $50,000, your premium generally cannot increase by more than 50% due to poor claims experience.\n- **Provides discounts** for paying premiums in full upfront (3% discount) and for employing apprentices (wages paid to apprentices are effectively discounted from premium calculations).\n- **Adjusts for GST** by giving premium discounts to employers who can claim input tax credits.\n- **Charges mining employers extra** through a Mine Safety Fund adjustment to fund mine safety initiatives.\n- **Sets excess amounts** that employers must repay to insurers for weekly compensation claims — $0 if the employer reports the injury within 5 days, otherwise up to $1,654.40 or the worker's weekly wage, whichever is less.\n\n**Who it affects:**\n- All NSW employers required to hold workers compensation insurance (except specialised insurers with exemptions).\n- Employers of apprentices, who get premium reductions.\n- Employers of previously injured workers, who may get premium relief for the first 12 months of employment.\n- Mining industry employers, who pay an additional levy.\n\n**Why it matters:**\nThis Order directly determines how much businesses pay for mandatory workers compensation insurance. It creates financial incentives for workplace safety (through experience rating), encourages hiring of injured workers, and supports apprenticeships. The complex formulas mean that premium costs can vary significantly based on claims history, business size, and industry classification."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available information, the order has remained unchanged since it came into force on 11 June 2009, with only a single point-in-time version recorded. There is no indication the scope shifted from its original purpose of setting workers' compensation insurance premium rates for the 2009–2010 year."},"complexity_factors":["Premium calculation formulas in workers' compensation orders are typically technical and industry-specific","Key content (Schedules 11 and 12 containing rate tables) is split across two separate documents — the order itself and the NSW Government Gazette — making it harder to read as a whole","The Gazette link referenced in the order is an outdated URL that may no longer be accessible, creating practical difficulty in reading the complete instrument","Workers' compensation premium structures can involve industry classifications, claims experience ratings, and employer size adjustments that require specialist knowledge to interpret","Limited substantive content is visible in the provided text — only metadata and status information — making full assessment difficult"],"plain_english_summary":"The Insurance Premiums Order 2009–2010 (NSW) fixed the workers’ compensation insurance premium rates, formulas and calculation rules employers and insurers had to use for the 2009–10 financial year. It directly affected NSW employers (who pay premiums), insurers (who apply the rates) and indirectly funded workers’ compensation for workers.\n\nThe detailed rate tables were published in the 2009 NSW Government Gazette; the order has not been amended since it commenced on 11 June 2009."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"Scope is confined to policies taking effect from 4 pm 30 June 2009 until 4 pm 30 June 2010, with a transitional provision extending application pending a subsequent order; specialised insurers are exempt except for the employer excess provision (Schedule 2, clauses 1–2). No internal provision in this Order indicates an expansion or contraction of that temporal or subject‑matter scope beyond those clauses."},"complexity_factors":["Extensive formulaic calculations with many interdependent variables (T, S, E, Q, D, I, M, A) across cl.3 and Schs 3–10","Multiple employer-size branches (small/medium/large) and size thresholds affecting different formulae (Sch1 cl.2; cl.3(1))","Caps and tiered multipliers on experience-adjusted premiums with differing thresholds and group‑aggregation exceptions (cl.3(2)–(3); Sch8)","Group aggregation rules that replace individual treatment and require summation of tariffs and incentives (Sch1 cl.2(3); cl.3(3); Sch8 cl.3)","Classification dependence on external Table A/B and returns, with per-capita exceptions and reclassification rules (Sch1 cl.8; Sch3; Sch5)","Record‑keeping options for motor vehicle allowances with two alternative methods and multi‑period averaging rules (Sch1 cl.3–7)","Interaction with other instruments and statutes (Workers Compensation Regulation, GST Act, Corporations Act, Taxation Administration Act) creating cross‑compliance duties (many cross-refs)","Discretionary powers and guidelines for the Authority (reducing experience factor, premium‑reduction applications) introducing administrative variability (Sch4 cl.5; Sch7 cl.4)"],"plain_english_summary":"Sets precise formulas and rules for calculating NSW workers’ compensation insurance premiums, including tariff rates, experience adjustments, caps, GST/input‑tax adjustments, discounts and minimums. Applies to employers and insurers for policies taking effect 4 pm 30 June 2009 to 4 pm 30 June 2010. It matters because it determines employer premiums, reporting and record‑keeping obligations (for example vehicle and accommodation allowance methods), creates size‑based thresholds and group aggregation rules, and gives the Authority limited discretion over some adjustments (cl.3; Schs 3–10; cl.4; Sch1; Sch2)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/insurance-premiums-order-2009-2010","history":"/api/acts/insurance-premiums-order-2009-2010/history","analysis":"/api/acts/insurance-premiums-order-2009-2010/analysis","conflicts":"/api/acts/insurance-premiums-order-2009-2010/conflicts","importantCases":"/api/acts/insurance-premiums-order-2009-2010/important-cases","documents":"/api/acts/insurance-premiums-order-2009-2010/documents"}}