{"id":"nsw:sl-2015-0281","name":"Insurance Premiums Order 2015–2016","slug":"insurance-premiums-order-2015-2016","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"281 of 2015","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177715,"registerId":"nsw-nsw:sl-2015-0281-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 2015–2016](/view/html/inforce/current/sl-2015-0281).","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 2015 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> 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 an experience-rated employer for the purposes of the policy, in accordance with the following formula:\n> > \n> > ![](/image/((Type%3D%22subordleg%22)%20AND%20(No%3D0281)%20AND%20(Year%3D2015)%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%3D0281)%20AND%20(Year%3D2015)%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> BTP is the basic tariff premium for the employer, calculated with respect to the period of insurance in accordance with Schedule 3.\n> \n> CPA is the claims performance adjustment for the employer calculated with respect to the period of insurance in accordance with Schedule 4.\n> \n> ESI is the employer safety incentive, if any, for the employer calculated with respect to the period of insurance in accordance with Schedule 10.\n> \n> ESR is the employer safety reward, if any, for the employer calculated with respect to the period of insurance in accordance with Schedule 12.\n> \n> PD is the performance discount, if any, for the employer calculated with respect to the period of insurance in accordance with Schedule 13.\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 calculated with respect to the period of insurance in accordance with Schedule 9.\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 7.\n> \n> A is the apprentice incentive amount, if any, for the employer calculated with respect to the period of insurance in accordance with Schedule 8.\n> \n> RTWI is the return to work incentive, if any, for the employer calculated with respect to the period of insurance in accordance with Schedule 11.","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> > (1) An employer (other than a small 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 (or a period of less than 12 months if the policy is issued to an employer who is a member of a group to enable the policy to renew on the same date as the policies of other members of the group), 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 147 of the [Workers Compensation Regulation 2010](/view/html/repealed/current/sl-2011-0037) requires an employer to notify the insurer concerned of the matter referred to in paragraph (d).\n> \n> > (2) A small employer is entitled to a discount of 5 percent on the initial premium payable by the small employer for a policy of insurance if:\n> > \n> > > (a) the period of insurance to which the policy relates is:\n> > > \n> > > > (i) 12 months, or\n> > > \n> > > > (ii) a period of less than 12 months but only if the policy is issued to a small employer who is a member of a group to enable the policy to renew on the same date as the policies of other members of the group, or\n> > > \n> > > > (iii) a period of less than 12 months but only if the policy is issued to a small employer to enable the policy to expire at the end of a month, and\n> > \n> > > (b) the small 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 small employer has not elected to pay the premium by instalments.","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 weekly payment of compensation to which the worker is entitled as determined by section 36 of the Act,\n> > \n> > > (ii) $1,999.30.\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 0.825% per month compounded monthly.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Cost of claims: clause 152 (1) (a1) of the Regulation","content":"#### 7 Cost of claims: clause 152 (1) (a1) of the Regulation\n\n7 Cost of claims: clause 152 (1) (a1) of the Regulation\n\n> > (1) For the purposes of clause 152 (1) (a1) of the [Workers Compensation Regulation 2010](/view/html/repealed/current/sl-2011-0037), the cost of claims, in relation to an injury year related to, or a period of insurance for, a policy, means the total of the costs of each individual claim of which the insurer has notice at the time of renewal of the policy concerned, being a claim made against a particular employer with respect to an injury received (or that is deemed by the Act or the former Act to have been received) during a prior injury year or the period of insurance, whichever is relevant, but not including any claim under section 10 (Journey claims) or 11 (Recess claims) of the Act.\n> > \n> > Note—\n> > \n> > Clause 152 (1) of the [Workers Compensation Regulation 2010](/view/html/repealed/current/sl-2011-0037) provides that, in any case where a single event leads to 3 or more individual claims, the total costs of all those claims in relation to that event are not to exceed the amount that is twice the relevant large claim limit for the policy.\n> \n> > (2) In subclause (1), the cost of an individual claim (C) is to be calculated using the following formula:\n> > \n> > ![](/image/((Type%3D%22subordleg%22)%20AND%20(No%3D0281)%20AND%20(Year%3D2015)%20AND%20(%22Historical%20Document%22%3D0))/g3.gif)  \n> > where:\n> > \n> > C is the cost of the individual claim.\n> > \n> > CC is the unadjusted costs of the individual claim calculated in accordance with subclauses (3)–(5).\n> > \n> > R% is the amount recovered as a percentage of the total cost of an individual claim calculated in accordance with subclause (6).\n> > \n> > RTWI% is the return to work incentive percentage for the employer and is:\n> > \n> > > (a) for a small employer—0, and\n> > \n> > > (b) for an experience-rated employer—calculated with respect to the period of insurance in accordance with subclause (7).\n> \n> > (3) In subclause (2), CC is $150,000 (being the large claim limit for the policy) or the sum of the following at the commencement of the period of insurance, whichever is the lesser:\n> > \n> > > (a) weekly compensation payments, if any, made by the insurer in respect of the claim pursuant to the Act,\n> > \n> > > (b) provisional weekly payments of compensation, if any, under Part 3 of Chapter 7 of the 1998 Act by the insurer, being payments of compensation on the basis of provisional acceptance of liability to a worker,\n> > \n> > > (c) the payments, if any, of permanent impairment under section 66 (Entitlement to compensation for permanent impairment) of the Act made by the insurer either in satisfaction of judgments relating to the claim or in settlement of the claim,\n> > \n> > > (d) the payments, if any, made by the insurer in respect of the claim pursuant to Division 9 (Commutation of compensation) of Part 3 (Compensation—benefits) of the Act either in satisfaction of judgments relating to the claim or in settlement of the claim,\n> > \n> > > (e) the payments, if any, made by the insurer in respect of the claim pursuant to section 25 (Death of worker leaving dependants) of the Act,\n> > \n> > > (f) the payments, if any, of damages at common law and under the [Compensation to Relatives Act 1897](/view/html/inforce/current/act-1897-031) made by the insurer either in satisfaction of judgments relating to the claim or in settlement of the claim,\n> > \n> > whether the payments were made or the fees, expenses or costs were paid during or after the injury year or period of insurance in which the injury to which the claim relates was received (or is deemed by the Act or the former Act to have been received).\n> \n> > (4) However, CC does not include any amount that section 54 (4) (b) of the 1998 Act (Second-injury scheme) requires to be excluded from the claims experience of the employer.\n> \n> > (5) For the purpose of subclause (3), if an employer, after the renewal of a policy, requests reimbursement of any weekly compensation payments in respect of a period of incapacity before that renewal, the Nominal Insurer may adjust the amount of weekly compensation payments and re-calculate the employer’s premium.\n> \n> > (6) In subclause (2), R% is to be calculated using the following formula:\n> > \n> > ![](/image/((Type%3D%22subordleg%22)%20AND%20(No%3D0281)%20AND%20(Year%3D2015)%20AND%20(%22Historical%20Document%22%3D0))/g4.gif)  \n> > where:\n> > \n> > R is the sum of amounts recovered by the insurer in relation to any individual claim, but:\n> > \n> > > (a) does not exceed TCC, and\n> > \n> > > (b) does not include amounts recovered under section 160 of the Act.\n> > \n> > TCC is the total cost of an individual claim calculated in accordance with clauses 152–155 of the [Workers Compensation Regulation 2010](/view/html/repealed/current/sl-2011-0037) as if the policy were issued so as to take effect immediately before 4 pm on 30 June 2015.\n> \n> > (7) In subclause (2), the return to work incentive percentage RTWI% for an experience-rated employer is to be calculated as follows:\n> > \n> > > (a) if the claim was made against a policy that took effect at or after 4 pm on 30 June 2015 and the injured worker returned to sustained suitable employment within a period specified in Column 1 of the Table to this subclause, the percentage rate specified in Column 2 of the Table that corresponds to that period,\n> > > \n> > > Table\n> > > \n> > > | Column 1 | Column 2 |\n> > > | Return to work period after date of injury: | RTWI% |\n> > > | Less than 13 weeks | 0.15 |\n> > > | 13 weeks or greater but less than 26 weeks | 0.1 |\n> > > | 26 weeks or greater but less than 52 weeks | 0.05 |\n> > \n> > > (b) in any other case, in accordance with the following formula:\n> > > \n> > > ![](/image/((Type%3D%22subordleg%22)%20AND%20(No%3D0281)%20AND%20(Year%3D2015)%20AND%20(%22Historical%20Document%22%3D0))/g5.gif)\n> \n> > (8) In subclause (7), sustained suitable employment means suitable employment for a period of at least 3 consecutive months before the commencement of the period of insurance concerned.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Exemption limit for certain employers: section 155AA (8) of Act","content":"#### 8 Exemption limit for certain employers: section 155AA (8) of Act\n\n8 Exemption limit for certain employers: section 155AA (8) of Act\n\n> The exemption limit (within the meaning of section 155AA (8) of the Act) for the following employers for the 2015–2016 financial year is fixed at $0:\n> \n> > (a) an employer who carries on a business that is covered by Table A classes 612310, 612315, 612320, 612322, 612324, 612326, 612330, 931120, 931130, 931930, 931940 or 931950 (being classes that refer to a per capita rate), regardless of whether the employer carries on any other business,\n> \n> > (b) an employer who carries on a business in the thoroughbred racing industry and who is required by the Rules of Racing (within the meaning of the [Thoroughbred Racing Act 1996](/view/html/inforce/current/act-1996-037)) to hold a policy of insurance with Racing NSW, regardless of whether the employer carries on any other business.\n> \n> Note—\n> \n> The effect of fixing the exemption limit for the specified employers at $0 is that those employers will not be exempt employers within the meaning of section 155AA (Exempt employers not required to obtain policy of insurance) of the Act.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Transitional adjustment provision","content":"#### 9 Transitional adjustment provision\n\n9 Transitional adjustment provision\n\n> > (1) An employer may apply to the Nominal Insurer to have the employer’s premium for the period of insurance adjusted downward if the new premium percentage rate is more than 1.3 times greater than the old premium percentage rate.\n> \n> > (2) This clause does not apply if the new premium percentage rate is greater than the old premium percentage rate solely because of:\n> > \n> > > (a) a change to a classification under the [Insurance Premiums Order 2014–2015](/view/html/inforce/current/sl-2014-0311) to a classification under this Order (both classifications being correct), or\n> > \n> > > (b) a change of business activity.\n> \n> > (3) The Nominal Insurer may issue guidelines for or with respect to any of the following:\n> > \n> > > (a) the manner in which applications under this clause are to be made,\n> > \n> > > (b) criteria for determining how downward adjustments are calculated,\n> > \n> > > (c) other matters relevant to the transition to the calculation of premiums under this Order.\n> \n> > (4) If the Nominal Insurer calculates a downward adjustment of a premium, the insurer must redetermine the employer’s premium in accordance with that downward adjustment.\n> \n> > (5) A downward adjustment, or an application for a downward adjustment, under this clause is not a disputed aspect for the purposes of section 170 of the Act.\n> \n> > (6) In this clause:\n> > \n> > new premium percentage rate, in relation to an employer, means a percentage rate calculated in accordance with the following formula:\n> > \n> > ![](/image/((Type%3D%22subordleg%22)%20AND%20(No%3D0281)%20AND%20(Year%3D2015)%20AND%20(%22Historical%20Document%22%3D0))/g6.gif)  \n> > where:\n> > \n> > BTP is the basic tariff premium for the employer, calculated with respect to the period of insurance in accordance with Schedule 3.\n> > \n> > CPA is the claims performance adjustment for the employer calculated with respect to the period of insurance in accordance with Schedule 4.\n> > \n> > W0 is the total wages payable to workers by the employer in respect of the period of insurance for which the premium is to be calculated.\n> > \n> > old premium percentage rate, in relation to an employer, means a percentage rate calculated in relation to the premium for the period of insurance immediately preceding the current period of insurance:\n> > \n> > > (a) if the employer was a medium or large employer (within the meaning of the [Insurance Premiums Order 2014–2015](/view/html/inforce/current/sl-2014-0311)) for the purposes of calculating that premium, in accordance with the following formula:\n> > > \n> > > ![](/image/((Type%3D%22subordleg%22)%20AND%20(No%3D0281)%20AND%20(Year%3D2015)%20AND%20(%22Historical%20Document%22%3D0))/g7.gif)\n> > \n> > > (b) if the employer was a small employer (within the meaning of that Order) for the purposes of calculating that premium, in accordance with the following formula:\n> > > \n> > > ![](/image/((Type%3D%22subordleg%22)%20AND%20(No%3D0281)%20AND%20(Year%3D2015)%20AND%20(%22Historical%20Document%22%3D0))/g8.gif)  \n> > > where E, S, T and W0, are the amounts calculated in accordance with the [Insurance Premiums Order 2014–2015](/view/html/inforce/current/sl-2014-0311) to determine the employer’s premium for the period of insurance immediately preceding the current period of insurance.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Schedules form part of Order","content":"#### 10 Schedules form part of Order\n\n10 Schedules form part of Order\n\n> Schedules 1–16 form part of this Order.","sortOrder":9},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Interpretation","content":"# Schedule 1 Interpretation\n\nSchedule 1 Interpretation\n\n(Clause 10)","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Meaning of “predecessor”","content":"#### 11 Meaning of “predecessor”\n\n11 Meaning of “predecessor”\n\n> > (1) For the purposes of this Order, a person is the predecessor of an employer if:\n> > \n> > > (a) Acquisition or otherwise gaining possession of predecessor’s business\n> > > \n> > > the employer has acquired or otherwise come into the possession of the business of the person, or\n> > \n> > > (b) Transfer of all or majority of predecessor’s workforce\n> > > \n> > > the employer has, during any policy period, employed workers who at any time constituted all or a majority of the workers employed, during any policy period, by the person and those workers have carried out activities or performed services for the employer that were the same or similar to activities carried out or services performed by those workers for the person.\n> > \n> > Note—\n> > \n> > The claims and basic tariff premium history of an employer’s predecessor are used in the calculation of the employer’s workers compensation insurance premium—see clauses 1 (4) and 5 of Schedule 4 to this Order.\n> \n> > (2) Subclause (1) (a) applies whether the business acquired is the whole or main part of the business of the person or is the whole or main part of a separate and distinct business of the person, and whether or not the business acquired is carried on at the same location.\n> \n> > (3) Subclause (1) (b) applies whether or not the activities carried out or services performed for the employer were carried out or performed at the same location as those carried out or performed for the person.\n> \n> > (4) In this clause, business has the same meaning as in Division 2B of Part 7 of the Act.","sortOrder":21},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Application","content":"# Schedule 2 Application\n\nSchedule 2 Application\n\n(Clause 10)","sortOrder":22},{"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":25},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Claims performance adjustment","content":"# Schedule 4 Claims performance adjustment\n\nSchedule 4 Claims performance adjustment\n\n(Clause 3)","sortOrder":28},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Minimum premium","content":"# Schedule 5 Minimum premium\n\nSchedule 5 Minimum premium\n\n(Clause 10)","sortOrder":34},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"Reduction of premium for employers of previously injured workers etc","content":"# Schedule 6 Reduction of premium for employers of previously injured workers etc\n\nSchedule 6 Reduction of premium for employers of previously injured workers etc\n\n(Clause 10)","sortOrder":36},{"sectionNumber":"Schedule 7","sectionType":"schedule","heading":"Mine Safety Fund premium adjustment","content":"# Schedule 7 Mine Safety Fund premium adjustment\n\nSchedule 7 Mine Safety Fund premium adjustment\n\n(Clause 3)","sortOrder":42},{"sectionNumber":"Schedule 8","sectionType":"schedule","heading":"Apprentice incentive scheme","content":"# Schedule 8 Apprentice incentive scheme\n\nSchedule 8 Apprentice incentive scheme\n\n(Clause 3)","sortOrder":44},{"sectionNumber":"Schedule 9","sectionType":"schedule","heading":"Dust diseases contribution","content":"# Schedule 9 Dust diseases contribution\n\nSchedule 9 Dust diseases contribution\n\n(Clause 3)","sortOrder":47},{"sectionNumber":"Schedule 10","sectionType":"schedule","heading":"Employer safety incentive","content":"# Schedule 10 Employer safety incentive\n\nSchedule 10 Employer safety incentive\n\n(Clause 3)","sortOrder":50},{"sectionNumber":"Schedule 11","sectionType":"schedule","heading":"Return to work incentive","content":"# Schedule 11 Return to work incentive\n\nSchedule 11 Return to work incentive\n\n(Clause 3)","sortOrder":52},{"sectionNumber":"Schedule 12","sectionType":"schedule","heading":"Employer safety reward","content":"# Schedule 12 Employer safety reward\n\nSchedule 12 Employer safety reward\n\n(Clause 3)","sortOrder":54},{"sectionNumber":"Schedule 13","sectionType":"schedule","heading":"Performance discount","content":"# Schedule 13 Performance discount\n\nSchedule 13 Performance discount\n\n(Clause 3)","sortOrder":57},{"sectionNumber":"Schedule 14","sectionType":"schedule","heading":"Table A","content":"# Schedule 14 Table A\n\nSchedule 14 Table A\n\nEditorial note—\n\nFor the text of Schedule 14 see Gazette No 47 of 5 June 2015, p 1304.","sortOrder":59},{"sectionNumber":"Schedule 15","sectionType":"schedule","heading":"Table B","content":"# Schedule 15 Table B\n\nSchedule 15 Table B\n\nEditorial note—\n\nFor the text of Schedule 15 see Gazette No 47 of 5 June 2015, p 1316.","sortOrder":60},{"sectionNumber":"Schedule 16","sectionType":"schedule","heading":"Table C","content":"# Schedule 16 Table C\n\nSchedule 16 Table C\n\nEditorial note—\n\nFor the text of Schedule 16 see Gazette No 47 of 5 June 2015, p 1567.","sortOrder":61}],"analysis":{"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"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available text, there is no evidence of scope change from original intent. The Order appears to serve its standard annual function of prescribing workers' compensation insurance premium rates for the 2015–2016 period, consistent with the series of annual orders that precede and follow it. No amendments or scope expansions are evident from the metadata provided."},"complexity_factors":["The document as provided contains virtually no substantive legislative content — only website metadata and navigation elements","Insurance Premiums Orders are typically technical in nature, involving industry classification codes and actuarial rate tables, but none of that content is visible here","Without the operative provisions, no meaningful legal complexity can be assessed","The instrument type (statutory instrument / subordinate legislation) adds a layer of regulatory context requiring familiarity with the workers' compensation framework"],"plain_english_summary":"This NSW instrument purports to set workers’ compensation insurance premium rates for the 2015–2016 year, affecting employers required to hold cover, the insurers who must apply the rates, and indirectly employees whose coverage depends on the premium system. It matters because prescribed rates determine business costs and legal obligations. Caveat: the provided text lacks the substantive Order (rates, classifications and operative provisions), so this summary describes the instrument’s purpose, not its specific contents."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Order sets the annual operational scope: it applies to policies taking effect 30 June 2015–30 June 2016 and provides continuity if no later order is made (Sch 2). It does not broaden the universe of policies covered beyond that standard annual remit, but it fixes particular exemptions and limits for the year (specialised insurer carve‑outs, cl.2; exemption limit $0 for listed classes, cl.8)."},"complexity_factors":["Multiple interlocking formulae across the Order and Schedules to compute a single premium (cl.3; Scheds 3–13).","Separate treatment and thresholds for experience‑rated vs small employers (Sch 1 cl.2; cl.3), including multi‑year historic components (Sched 4: BTP1–3, C1–3).","Many distinct premium components and offsets (BTP, CPA, ESI, ESR, PD, Q, D, M, A, RTWI) that combine arithmetically (cl.3; Scheds 3–13).","Cross‑references to the Act, the Workers Compensation Regulation and previous Insurance Premiums Order, creating dependence on external instruments and historical data (throughout; e.g. Schs 4, 8, notes).","Data and recordkeeping requirements that create compliance burden (wage notices, odometer logs, appliance of two recording methods) (Sch 1 cl.3–7; Sch 5).","Group, predecessor and departing‑member rules that reallocate claims and premiums between entities and periods (Sch 1 cl.2; Sch 4 cl.3).","Caps, exclusions and recovery mechanics for claims cost calculations (large claim limit, exclusions for journey/recess claims, recoveries excluded under s.160) (cl.7; Sch 7; cl.5).","Discretion left to administrative bodies: Nominal Insurer may issue guidelines and redetermine transitional adjustments (cl.9(3)–(4)); Governor determines PD% on Authority recommendation (Sched 13).","External tables (Table A, B, C) are published separately in the Gazette, so full rates and classifications are not self‑contained in the Order (Scheds 14–16)."],"plain_english_summary":"This Order sets how workers‑compensation insurance premiums for 2015–16 are calculated (cl.3; Scheds 3–13), who pays them (employers), and what items alter premiums: a basic tariff plus adjustments and incentives (claims performance, safety, apprentice, mine‑safety, dust‑disease, discounts). It distinguishes small and experience‑rated employers, fixes minimums and recovery and late‑payment rates, and prescribes employer reporting and recordkeeping (wages, odometer logs)."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"An instrument described as having only one version (05/06/2015) cannot logically have been 'last modified' on 29 June 2016 without that modification constituting a new version. Either the modification was non-substantive (in which case flagging it is misleading) or a version is missing from the timeline.","confidence":0.55,"description":"The legislation is described as 'Current version for 5 June 2015 to date' with a single point-in-time version available (05/06/2015), yet the file was last modified on 29 June 2016. This implies the instrument was substantively unchanged but administratively modified over a year after its operative date, with no corresponding point-in-time version reflecting that modification."},{"type":"other","section":"Status Information - Provisions in force","severity":"medium","reasoning":"A certification that all displayed provisions have commenced is logically vacuous where no provisions are in fact displayed. The assertion is technically unfalsifiable in this context, which renders it meaningless as a compliance or status marker.","confidence":0.72,"description":"The statement that 'The provisions displayed in this version of the legislation have all commenced' cannot be meaningfully verified or falsified from the document as provided, because no substantive provisions of the Insurance Premiums Order 2015-2016 are actually displayed. The document contains only navigation metadata and status information, not the operative text of the Order."},{"type":"other","section":"Status Information - Authorisation","severity":"medium","reasoning":"Section 45C certification is intended to authenticate the text of legislative provisions. Applying that certification to a document that is wholly devoid of operative provisions creates an absurdity: the authoritative certified version contains nothing of legal substance, yet carries the full weight of statutory certification.","confidence":0.65,"description":"The document purports to be certified as 'correct under section 45C of the Interpretation Act 1987' but contains no substantive legislative content to certify. Certifying an empty or navigation-only document as the authoritative form of legislation creates a situation where the certified form is legally meaningless."}],"contradictions":[{"severity":"low","section_a":"Status Information - File last modified 29 June 2016","section_b":"Point-in-time versions - Single version dated 05/06/2015 described as 'In force version / Current from 05/06/2015'","confidence":0.6,"description":"The document records only one point-in-time version (5 June 2015) yet simultaneously records that the file was last modified on 29 June 2016 — over 12 months later. If the file was modified in June 2016, the version timeline should reflect at least one additional point-in-time entry, or the modification date is inconsistent with the single-version timeline."},{"severity":"low","section_a":"Status Information - Currency of version: 'Current version for 5 June 2015 to date (accessed 5 April 2026 at 14:05)'","section_b":"Status Information - File last modified 29 June 2016","confidence":0.52,"description":"The version is described as current from 5 June 2015 through to 5 April 2026 (the access date), implying no changes occurred in that ~11 year period. However, the file modification date of 29 June 2016 contradicts the implication of complete legislative stability, as file modifications typically signal substantive or administrative amendments."}]},"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 (NSW). Its scope remains consistent with its original purpose: setting premium rates and calculation methodologies for workers compensation insurance for a specific financial year. While the document is lengthy and detailed, this reflects the inherent complexity of experience-rated insurance schemes rather than scope creep. The Order maintains the same structural approach as previous years (referenced as Insurance Premiums Order 2014–2015), with similar schedules covering basic tariffs, claims performance, safety incentives, and industry-specific adjustments."},"complexity_factors":["Multiple interlocking mathematical formulas with nested variables (P, BTP, CPA, ESI, ESR, PD, Q, D, M, A, RTWI, etc.)","16 separate schedules with cross-references between them","Differential treatment of two employer categories (experience-rated vs small) with distinct calculation methods","Complex claims cost calculations involving recovery percentages, return-to-work timeframes, and historical claim periods (C1, C2, C3, BTP1, BTP2, BTP3)","Detailed transitional provisions for group members, departing members, predecessors, and previously self-insured employers","Extensive defined terms (27 definitions in Schedule 1 alone) including technical concepts like 'sustained suitable employment' and 'relevant 12-week period'","Multiple calculation methods for motor vehicle allowances (continuous recording vs averaging with 12-week sampling periods)","Conditional logic with multiple exceptions and thresholds (e.g., $30,000 basic tariff premium threshold, 5-day notification period for excess, 13/26/52 week return-to-work periods)","External references to Gazette notices for actual rate tables (Schedules 14, 15, 16 not included in text)","Cross-references to Workers Compensation Act 1987, Workplace Injury Management and Workers Compensation Act 1998, and repealed Workers Compensation Regulation 2010"],"plain_english_summary":"This Order sets out how much New South Wales employers must pay for workers compensation insurance for the 2015–2016 financial year.\n\n**Who it affects:**\n- **Employers in NSW** who are required to hold workers compensation insurance (almost all employers with workers).\n- **Two categories of employers:**\n  - **Experience-rated employers** — larger employers whose basic premium exceeds $30,000 per year. Their premiums are calculated using a complex formula that takes into account their claims history, safety record, and various incentives.\n  - **Small employers** — those with basic premiums of $30,000 or less. They pay a simpler premium with different discount structures.\n\n**What it does:**\n- **Calculates insurance premiums** using multiple formulas that consider:\n  - **Basic tariff premium** — calculated from wages paid and industry classification rates.\n  - **Claims performance adjustment** — rewards or penalises employers based on their injury claims history compared to the scheme average.\n  - **Safety incentives and rewards** — discounts for employers with good safety records or who help injured workers return to work quickly.\n  - **Apprentice incentives** — discounts for employing apprentices.\n  - **Mine Safety Fund adjustment** — additional levy for mining employers.\n  - **Dust diseases contribution** — additional levy for industries with dust exposure risks.\n\n- **Payment discounts:**\n  - **Experience-rated employers** get 3% off if they pay in full upfront and provide wage estimates.\n  - **Small employers** get 5% off under similar conditions.\n\n- **Excess for late injury notification:**\n  - Employers who fail to notify their insurer of a worker's injury within 5 days must pay an excess (up to $1,999.30) on weekly compensation claims.\n\n- **Late payment interest:**\n  - Sets the interest rate for late premium payments at 0.825% per month, compounded monthly.\n\n- **Special rules for specific industries:**\n  - Certain industries (like boxing, taxi services, and thoroughbred racing) cannot claim exemptions from insurance requirements.\n  - Previously self-insured employers and employers who acquire businesses (\"predecessors\") have special transitional rules.\n\n- **Wage calculations:**\n  - Detailed rules for how to treat motor vehicle and accommodation allowances when calculating wages for premium purposes.\n  - Different methods for estimating wages for experience-rated versus small employers.\n\n**Why it matters:**\nThis Order directly determines how much money NSW employers must pay to insure their workers against workplace injuries. The system is designed to **reward safe employers** with lower premiums and **penalise those with poor claims records**. It also provides financial incentives for employing apprentices and helping injured workers return to work quickly. For employers, understanding these rules can mean significant cost savings or unexpected liabilities."}},"importantCases":[],"_links":{"self":"/api/acts/insurance-premiums-order-2015-2016","history":"/api/acts/insurance-premiums-order-2015-2016/history","analysis":"/api/acts/insurance-premiums-order-2015-2016/analysis","conflicts":"/api/acts/insurance-premiums-order-2015-2016/conflicts","importantCases":"/api/acts/insurance-premiums-order-2015-2016/important-cases","documents":"/api/acts/insurance-premiums-order-2015-2016/documents"}}