{"id":"a-2018-47","name":"Public Sector Workers Compensation Fund Act 2018","slug":"public-sector-workers-compensation-fund-act-2018","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"47 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24138,"registerId":"act-a-2018-47-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Public Sector Workers Compensation Fund Act 2018","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nPublic Sector Workers Compensation\nFund Act 2018\nA2018-47\nRepublication No 4\nEffective: 1 March 2026\nRepublication date: 1 March 2026\nLast amendment made by A2025-30\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Public Sector Workers Compensation Fund Act 2018 (including any\namendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on\n1 March 2026. It also includes any commencement, amendment, repeal or expiry affecting this\nrepublished law to 1 March 2026.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR4\n01/03/26\nPublic Sector Workers Compensation Fund Act 2018\nEffective: 01/03/26\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nPublic Sector Workers Compensation\nFund Act 2018\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 2\n6 Object of Act 3\nPart 2 Public Sector Workers Compensation Fund\n7 Public Sector Workers Compensation Fund—establishment 4\n8 PSWC fund directorate 4\n9 PSWC fund banking accounts 4\n10 Payment of public sector workers compensation appropriations 4\n11 Appropriation of certain amounts for PSWC fund 5\n\nContents\nPage\ncontents 2 Public Sector Workers Compensation Fund Act 2018\nEffective: 01/03/26\nR4\n01/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n12 Payments from PSWC fund banking accounts 5\n13 Closure of PSWC fund banking accounts 6\n14 Investment of amounts in PSWC fund banking accounts 6\n15 Returns on amounts appropriated for PSWC fund 7\n16 Determination of amounts to be contributed to PSWC fund 8\n17 PSWC fund management guidelines 8\nPart 3 Administration\n18 Appointment of PSWC commissioner 10\n19 Functions of PSWC commissioner 10\n20 Delegation by PSWC commissioner 11\n21 Arrangements for staff 11\n22 Power to engage consultants and contractors including claims\nmanager 12\n23 Claims manager’s functions 12\n24 PSWC Fund Advisory Committee—establishment 13\n25 Functions of advisory committee 13\n26 Membership of advisory committee 14\n27 Quorum for advisory committee meetings 14\n28 Use and disclosure of protected information 15\n29 Protection from liability 17\nDictionary 18\nEndnotes\n1 About the endnotes 20\n2 Abbreviation key 20\n3 Legislation history 21\n4 Amendment history 22\n5 Earlier republications 23\n6 Expired transitional or validating provisions 23\n\nR4\n01/03/26\nPublic Sector Workers Compensation Fund Act 2018\nEffective: 01/03/26\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nPublic Sector Workers Compensation\nFund Act 2018\nAn Act to provide for the management of funds dedicated to meeting the workers\ncompensation liabilities of the Territory, and for other purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Public Sector Workers Compensation Fund Act 2018\nEffective: 01/03/26\nR4\n01/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Public Sector Workers Compensation Fund Act 2018.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘PSWC fund—see section 7.’ means\nthat the term ‘PSWC fund’ is defined in that section.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nPreliminary Part 1\nSection 6\nR4\n01/03/26\nPublic Sector Workers Compensation Fund Act 2018\nEffective: 01/03/26\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Object of Act\nThe main object of this Act is to establish financial and prudential\ngovernance in relation to the Territory’s obligations as a self-insured\nlicensee under the SRC Act.\n\nPart 2 Public Sector Workers Compensation Fund\nSection 7\npage 4 Public Sector Workers Compensation Fund Act 2018\nEffective: 01/03/26\nR4\n01/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Public Sector Workers\nCompensation Fund\n7 Public Sector Workers Compensation Fund—\nestablishment\nThe Public Sector Workers Compensation Fund (the PSWC fund) is\nestablished.\n8 PSWC fund directorate\nThe Treasurer must, under the Financial Management Act 1996,\ndictionary, definition of directorate, paragraph (b), establish and keep\na directorate for the PSWC fund (the PSWC fund directorate).\n9 PSWC fund banking accounts\n(1) The director-general must open and keep 1 or more banking accounts\n(a PSWC fund banking account) solely for the management of the\nPSWC fund.\n(2) A PSWC fund banking account is a directorate banking account of\nthe PSWC fund directorate.\n10 Payment of public sector workers compensation\nappropriations\nAn amount appropriated by a public sector workers compensation\nappropriation must be paid into a PSWC fund banking account.\n\nPublic Sector Workers Compensation Fund Part 2\nSection 11\nR4\n01/03/26\nPublic Sector Workers Compensation Fund Act 2018\nEffective: 01/03/26\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11 Appropriation of certain amounts for PSWC fund\nThe following amounts, whether received or receivable before or\nafter the commencement of this Act, are appropriated for the purposes\nof the PSWC fund and must be paid into a PSWC fund banking\naccount:\n(a) an amount received from the Commonwealth or Comcare in\nrelation to a licence granted to the Territory under the SRC Act,\nsection 103;\n(b) an amount held by the Australian Capital Territory Insurance\nAuthority in relation to workers compensation liabilities under\nthe SRC Act;\n(c) premium amounts;\n(d) the returns on money held in the account;\n(e) money required to be paid into the fund under this Act or any\nother Act;\n(f) all other money received by the PSWC commissioner for\npayment into the PSWC fund.\n12 Payments from PSWC fund banking accounts\nThe following amounts only are to be paid out of a PSWC fund\nbanking account:\n(a) all payments required to be made by the Territory under the\nSRC Act;\n(b) the reasonable costs and expenses incurred by the Territory or\nthe claims manager in the management of a workers\ncompensation claim against the Territory under the SRC Act;\n(c) the reasonable costs of the PSWC commissioner in exercising\nthe commissioner’s functions under this Act, including costs of\nremuneration, allowances and office accommodation;\n\nPart 2 Public Sector Workers Compensation Fund\nSection 13\npage 6 Public Sector Workers Compensation Fund Act 2018\nEffective: 01/03/26\nR4\n01/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) reasonable costs related to meetings of the advisory committee;\n(e) in accordance with the guidelines—any refund of premium\namounts paid into the fund.\n13 Closure of PSWC fund banking accounts\nIf a PSWC fund banking account is closed, the balance of money in\nthe account must be paid into another PSWC fund banking account.\n14 Investment of amounts in PSWC fund banking accounts\n(1) An amount in a PSWC fund banking account that is not immediately\nneeded for a purpose mentioned in section 12 may be invested—\n(a) by the Treasurer, for the PSWC fund banking account, in an\ninvestment mentioned in the Financial Management Act 1996,\nsection 38 (1) (a) to (e); or\n(b) in any investment prescribed by a PSWC fund investment\nguideline under section 17.\n(2) For subsection (1) (a), the investment must be consistent with any\ninvestment prescribed by a PSWC fund investment guideline.\n(3) Transfers between the territory banking account and PSWC fund\nbanking accounts to facilitate investment may be made without\nappropriation.\n(4) Returns received by the Territory for the investment of amounts from\na PSWC fund banking account must be paid into a PSWC fund\nbanking account.\n(5) Any fees or expenses reasonably incurred in making or managing an\ninvestment of an amount from a PSWC fund banking account may be\ndeducted from the investment.\n\nPublic Sector Workers Compensation Fund Part 2\nSection 15\nR4\n01/03/26\nPublic Sector Workers Compensation Fund Act 2018\nEffective: 01/03/26\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(6) Returns that must be paid into a PSWC fund banking account under\nsubsection (4) may be paid into the account directly or through the\nterritory banking account.\n(7) If returns to be paid to a PSWC fund banking account are paid into\nthe territory banking account under subsection (6), the returns may be\npaid to the PSWC fund banking account from the territory banking\naccount without further appropriation.\n15 Returns on amounts appropriated for PSWC fund\n(1) A public sector workers compensation appropriation, whether made\nbefore or after the commencement of this Act, is taken to be an\nappropriation of—\n(a) the amount stated in the appropriation; and\n(b) any returns received on the investment of the amount, or any\npart of it, under this Act.\n(2) Returns received by the Territory on an investment under this Act of\nan amount from a public sector workers compensation appropriation\nmust be applied for the purposes for which the amount invested was\nappropriated.\n(3) Any fees or expenses reasonably incurred in making or managing an\ninvestment of an amount from a public sector workers compensation\nappropriation may be deducted from the investment.\n\nPart 2 Public Sector Workers Compensation Fund\nSection 16\npage 8 Public Sector Workers Compensation Fund Act 2018\nEffective: 01/03/26\nR4\n01/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n16 Determination of amounts to be contributed to PSWC\nfund\n(1) Before the beginning of each financial year, or any other period\ndetermined by the PSWC commissioner (the contribution period),\nthe PSWC commissioner must determine, in writing, the amount\nneeded to be paid by the Territory into the PSWC fund in the\ncontribution period (the premium amount)—\n(a) to fully fund the present and likely future liabilities of the\nTerritory under the SRC Act in relation to a particular injury,\nloss or damage suffered by, or in relation to the death of, some\nor all of its employees under the SRC Act during the\ncontribution period; and\n(b) to meet the payments needed to be made from the PSWC fund\n(other than under the SRC Act) during the contribution period;\nand\n(c) to provide for any other matters the PSWC commissioner\nshould, in all the circumstances, prudently make provision for in\nrelation to liabilities of the Territory under the SRC Act.\n(2) The premium amount must be an amount that the\nPSWC commissioner reasonably believes will result in the acceptable\nfunding ratio for the PSWC fund consistent with the guidelines.\n(3) In determining the premium amount, the PSWC commissioner must\ntake into account actuarial advice for the contribution period.\n17 PSWC fund management guidelines\n(1) The Treasurer may make guidelines in relation to the PSWC fund\nincluding provision about—\n(a) investment under section 14; and\n(b) the acceptable funding ratio for the fund and the period of time\nin which the fund must return to an acceptable funding ratio if\nthe fund is in deficit.\n\nPublic Sector Workers Compensation Fund Part 2\nSection 17\nR4\n01/03/26\nPublic Sector Workers Compensation Fund Act 2018\nEffective: 01/03/26\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The Minister may make guidelines in relation to the PSWC fund\nincluding provision about—\n(a) how the PSWC commissioner must determine the premium\namount; and\n(b) how premium amounts must be paid to the fund; and\n(c) reporting requirements; and\n(d) financial and governance requirements that must be met by any\ncontracted claims manager.\n(3) A guideline is a notifiable instrument.\nNote A notifiable instrument must be notified under the Legislation Act.\n\nPart 3 Administration\nSection 18\npage 10 Public Sector Workers Compensation Fund Act 2018\nEffective: 01/03/26\nR4\n01/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Administration\n18 Appointment of PSWC commissioner\n(1) The Minister must appoint a public servant as Public Sector Workers\nCompensation Commissioner (the PSWC commissioner).\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\n(2) The PSWC commissioner must be appointed for not longer than\n3 years.\nNote A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1,\ndef appoint).\n19 Functions of PSWC commissioner\nThe PSWC commissioner has the following functions:\n(a) managing the PSWC fund;\n(b) advising the Minister about the administration, efficiency and\neffectiveness of the PSWC fund;\n(c) in relation to a licence granted to the Territory under the\nSRC Act, section 103—\n(i) managing the Territory’s liability under the SRC Act; and\n(ii) managing claims under the SRC Act;\n(d) conducting and supporting initiatives and activities to prevent\nand reduce the risk of injury to employees of the Territory;\n\nAdministration Part 3\nSection 20\nR4\n01/03/26\nPublic Sector Workers Compensation Fund Act 2018\nEffective: 01/03/26\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) any other function given to the PSWC commissioner under this\nAct or another territory law.\nNote A provision of a law that gives an entity (including a person) a\nfunction also gives the entity powers necessary and convenient to\nexercise the function (see Legislation Act, s 196 and dict, pt 1,\ndef entity).\n20 Delegation by PSWC commissioner\n(1) The PSWC commissioner may delegate the PSWC commissioner’s\nfunctions under section 19 to an authorised person.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n(2) A delegate may subdelegate to an authorised person a function\ndelegated under subsection (1) if the subdelegation is authorised, in\nwriting, by the PSWC commissioner.\n(3) In this section:\nauthorised person means—\n(a) a public employee; or\n(b) a person prescribed by regulation.\nNote Public employee—see the Legislation Act, dictionary, pt 1.\n21 Arrangements for staff\nThe PSWC commissioner may arrange with the head of service to use\nthe services of a public servant or Territory facilities.\nNote The head of service may delegate powers in relation to the management\nof public servants to a public servant or another person (see Public Sector\nManagement Act 1994, s 18).\n\nPart 3 Administration\nSection 22\npage 12 Public Sector Workers Compensation Fund Act 2018\nEffective: 01/03/26\nR4\n01/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n22 Power to engage consultants and contractors including\nclaims manager\n(1) The PSWC commissioner may engage the consultants and\ncontractors that may be necessary or convenient to exercise the\nPSWC commissioner’s functions.\n(2) Without limiting subsection (1), the PSWC commissioner may\nengage an entity (a claims manager) to manage injuries in relation to\nwhich claims may be, or have been, made against the Territory under\nthe SRC Act.\n(3) However, the PSWC commissioner must not engage an entity under\nsubsection (2) unless satisfied that the entity has the experience and\nexpertise necessary to exercise the functions of a claims manager.\n(4) The conditions of a consultant’s or contractor’s engagement are the\nconditions agreed between the PSWC commissioner and the\nconsultant or contractor.\n(5) To remove any doubt, this section does not give the PSWC\ncommissioner the power to enter into a contract of employment.\n23 Claims manager’s functions\n(1) This section applies if the PSWC commissioner engages a claims\nmanager.\n(2) In managing claims, including individual claims, a claims manager\nmay do the following in accordance with any guideline:\n(a) investigate claims;\n(b) assess the Territory’s liability in relation to claims under the\nSRC Act, including initial liability and ongoing liability;\n(c) calculate benefits and authorise payments under the SRC Act;\n(d) pay an amount in relation to a provisional liability medical cost;\n(e) pay an amount in relation to a claim;\n\nAdministration Part 3\nSection 24\nR4\n01/03/26\nPublic Sector Workers Compensation Fund Act 2018\nEffective: 01/03/26\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(f) manage claims data;\n(g) manage disputes in relation to claims made against the Territory\nunder the SRC Act;\n(h) anything prescribed by regulation.\n(3) A claims manager may also exercise any other function given to the\nclaims manager under this Act or any other territory law.\nNote 1 A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\nNote 2 A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\n24 PSWC Fund Advisory Committee—establishment\nThe PSWC Fund Advisory Committee (the advisory committee) is\nestablished.\n25 Functions of advisory committee\n(1) The advisory committee has the following functions:\n(a) to keep informed of the operations of the PSWC fund to provide\nthe advice mentioned in paragraph (c);\n(b) to assist in meeting the Territory’s liabilities under the SRC Act\nby providing advice about claims management in relation to\ninjured employees of the Territory;\n(c) if the Minister or the PSWC commissioner asks for advice in\nrelation to the PSWC fund—to provide the advice requested.\n(2) To remove any doubt, it is not a function of the advisory committee\nto provide advice about the investment of amounts in a PSWC fund\nbanking account.\n\nPart 3 Administration\nSection 26\npage 14 Public Sector Workers Compensation Fund Act 2018\nEffective: 01/03/26\nR4\n01/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The advisory committee may exercise any other function given to it\nunder this Act or any other territory law.\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\n26 Membership of advisory committee\n(1) The advisory committee consists of—\n(a) the PSWC commissioner; and\n(b) 3 members appointed by the Minister to represent the interests\nof workers; and\n(c) 2 members appointed by the Minister to represent the interests\nof public sector bodies and territory instrumentalities.\nNote 1 For the making of appointments (including acting appointments),\nsee the Legislation Act, pt 19.3.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\nNote 3 Certain Ministerial appointments require consultation with an\nAssembly committee and are disallowable (see Legislation Act,\ndiv 19.3.3).\n(2) An appointment under subsection (1) must not be for longer than\n3 years.\nNote A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1, def\nappoint).\n27 Quorum for advisory committee meetings\nBusiness may be carried on at an advisory committee meeting only if\nthe members present include—\n(a) the PSWC commissioner; and\n(b) 1 member mentioned in section 26 (1) (b); and\n\nAdministration Part 3\nSection 28\nR4\n01/03/26\nPublic Sector Workers Compensation Fund Act 2018\nEffective: 01/03/26\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) 1 member mentioned in section 26 (1) (c); and\n(d) at least 1 other member mentioned in section 26 (1) (b) or (c).\n28 Use and disclosure of protected information\n(1) An information holder commits an offence if—\n(a) the information holder uses information; and\n(b) the information is protected information about someone else;\nand\n(c) the information holder is reckless about whether the information\nis protected information about someone else.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(2) An information holder commits an offence if—\n(a) the information holder does something that discloses\ninformation; and\n(b) the information is protected information about someone else;\nand\n(c) the information holder is reckless about whether—\n(i) the information is protected information about someone\nelse; and\n(ii) doing the thing would result in the information being\ndisclosed to someone else.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(3) Subsections (1) and (2) do not apply if the information holder uses or\ndiscloses protected information about someone else (the protected\nperson)—\n(a) under this Act or another law applying in the ACT; or\n\nPart 3 Administration\nSection 28\npage 16 Public Sector Workers Compensation Fund Act 2018\nEffective: 01/03/26\nR4\n01/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) in relation to the exercise of a function, as an information holder,\nunder this Act or another law applying in the ACT; or\n(c) in a court proceeding; or\n(d) with the protected person’s consent.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (3) (see Criminal Code, s 58).\n(4) An information holder need not disclose protected information to a\ncourt, or produce a document containing protected information to a\ncourt, unless it is necessary to do so for this Act or another law\napplying in the ACT.\n(5) In this section:\ncourt includes a tribunal, authority or person having power to require\nthe production of documents or the answering of questions.\ndisclose includes—\n(a) communicate; or\n(b) publish.\ninformation means information, whether true or not, in any form and\nincludes an opinion and advice.\ninformation holder means—\n(a) a person who is or has been—\n(i) the PSWC commissioner; or\n(ii) the claims manager; or\n(iii) a member of the advisory committee; or\n(b) anyone else who exercises or has exercised a function under this\nAct.\nproduce includes allow access to.\n\nAdministration Part 3\nSection 29\nR4\n01/03/26\nPublic Sector Workers Compensation Fund Act 2018\nEffective: 01/03/26\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nprotected information means information about a person that is\ndisclosed to, or obtained by, an information holder because of the\nexercise of a function under this Act by the information holder or\nsomeone else.\nuse, in relation to information, includes make a record of the\ninformation.\n29 Protection from liability\n(1) The Commissioner is not civilly liable for conduct engaged in\nhonestly and without recklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction under this Act.\n(2) Any civil liability that would, apart from this section, attach to the\nCommissioner attaches instead to the Territory.\n(3) In this section:\nconduct means an act or omission to do an act.\n\nDictionary\npage 18 Public Sector Workers Compensation Fund Act 2018\nEffective: 01/03/26\nR4\n01/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1 defines the following terms:\n• ACT\n• authorised deposit-taking institution\n• Commonwealth\n• director-general (see s 163)\n• entity\n• financial year\n• head of service\n• in relation to\n• public employee\n• public sector body\n• public servant\n• State\n• territory instrumentality\n• territory law\n• the Territory\n• Treasurer.\nadvisory committee—see section 24.\nAustralian Capital Territory Insurance Authority means the\nAustralian Capital Territory Insurance Authority established under\nthe Insurance Authority Act 2005, section 7.\nclaims manager—see section 22 (2).\nComcare means the body corporate established under the SRC Act,\nsection 68.\nemployee—see the SRC Act, section 5.\nguidelines means guidelines made under section 17.\n\nDictionary\nR4\n01/03/26\nPublic Sector Workers Compensation Fund Act 2018\nEffective: 01/03/26\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\npremium amount—see section 16.\nPSWC commissioner—see section 18.\nPSWC fund—see section 7.\nPSWC fund banking account—see section 9.\nPSWC fund directorate means the directorate established under\nsection 8.\npublic sector workers compensation appropriation means an\nappropriation to the PSWC fund directorate declared by the Act by\nwhich it is made to be for public sector workers compensation.\nreturns, in relation to an investment—see the Financial Management\nAct 1996, dictionary.\nSRC Act means the Safety, Rehabilitation and Compensation\nAct 1988 (Cwlth).\n\nEndnotes\n1 About the endnotes\npage 20 Public Sector Workers Compensation Fund Act 2018\nEffective: 01/03/26\nR4\n01/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR4\n01/03/26\nPublic Sector Workers Compensation Fund Act 2018\nEffective: 01/03/26\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nPublic Sector Workers Compensation Fund Act 2018 A2018-47\nnotified LR 4 December 2018\ns 1, s 2 commenced 4 December 2018 (LA s 75 (1))\nremainder commenced 1 March 2019 (s 2 (1) and CN2019-2)\nas amended by\nStatute Law Amendment Act 2019 A2019-42 sch 1 pt 1.6\nnotified 31 October 2019\ns 1, s 2 commenced 31 October 2019 (LA s 75 (1))\nsch 1 pt 1.6 commenced 3 March 2020 (s 2 (3))\nWorkplace Legislation Amendment Act 2025 (No 3) A2025-30 pt 5\nnotified LR 12 November 2025\ns 1, s 2 commenced 12 November 2025 (LA s 75 (1))\npt 5 commenced 1 March 2026 (s 2 (2))\n\nEndnotes\n4 Amendment history\npage 22 Public Sector Workers Compensation Fund Act 2018\nEffective: 01/03/26\nR4\n01/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nAppropriation of certain amounts for PSWC fund\ns 11 am A2019-42 amdt 1.42\nPayments from PSWC fund banking accounts\ns 12 am A2025-30 s 21\nInvestment of amounts in PSWC fund banking accounts\ns 14 am A2019-42 amdts 1.43-1.49; ss and pars renum R3 LA\nReturns on amounts appropriated for PSWC fund\ns 15 hdg sub A2019-42 amdt 1.50\ns 15 am A2019-42 amdts 1.51-1.53\nFunctions of PSWC commissioner\ns 19 am A2025-30 s 22; pars renum R4 LA\nTransitional—engagement of claims manager\ns 30 exp 1 March 2020 (s 30 (3))\nConsequential amendments\npt 4 hdg om LA s 89 (3)\nLegislation amended—sch 1\ns 31 om LA s 89 (3)\nFinancial Management Act 1996—Consequential amendments\nsch 1 om LA s 89 (3)\nDictionary\ndict def returns ins A2019-42 amdt 1.54\n\nEndnotes\nEarlier republications 5\nR4\n01/03/26\nPublic Sector Workers Compensation Fund Act 2018\nEffective: 01/03/26\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n1 Mar 2019\n1 Mar 2019–\n1 Mar 2020\nnot amended new Act\nR2\n2 Mar 2020\n2 Mar 2020–\n2 Mar 2020\nnot amended expiry of\ntransitional\nprovision (s 30)\nR3\n3 Mar 2020\n3 Mar 2020–\n28 Feb 2026\nA2019-42 amendments by\nA2019-42\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.\n© Australian Capital Territory 2026","sortOrder":0}],"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing financial and prudential governance for the Territory's workers compensation liabilities. The 2025 amendments appear to be minor operational updates (section 12 and 19 amendments) rather than scope expansion. The Act has not grown beyond its core function of fund establishment and management."},"complexity_factors":["Moderate cross-referencing to external legislation (Safety, Rehabilitation and Compensation Act 1988 (Cth), Financial Management Act 1996, Legislation Act 2001)","17 defined terms in the Dictionary, plus reliance on definitions from other Acts","Conditional logic in section 28 regarding use/disclosure of protected information with multiple exceptions","Dual guideline-making powers split between Treasurer (financial/investment) and Minister (operational)","Nested requirements for quorum (section 27) requiring specific combinations of member types","Investment provisions (section 14) with multiple subsections governing returns, fees, and transfers between accounts"],"plain_english_summary":"This Act creates a dedicated Public Sector Workers Compensation Fund, managed by a PSWC Commissioner, to collect premiums and government funding and pay compensation, medical and scheme costs for injured or deceased ACT public servants.  \n\nIt adds formal governance, oversight and privacy safeguards (including an advisory committee and penalties for misuse of information) to ensure claims can be met and taxpayers are protected."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act’s core object—establishing financial and prudential governance for the Territory’s self‑insured SRC Act liabilities—remains. Amendments (notably A2019‑42 and A2025‑30) expanded and clarified operational detail: they altered which amounts are appropriated into the fund (s 11), modified investment and returns provisions (ss 14–15), changed payment rules from the fund (s 12) and updated the PSWC commissioner’s functions (s 19). Those changes broadened governance and operational authorities without replacing the Act’s original purpose."},"complexity_factors":["Cross‑reference and dependence on other statutes — notably the Commonwealth SRC Act and the ACT Financial Management Act, requiring coordination across regimes.","Actuarial judgment and forecasting — the PSWC commissioner must set premium amounts using actuarial advice to meet present and future liabilities (s 16).","Split guideline‑making powers — Treasurer issues investment/funding ratio guidelines; Minister issues operational, payment and reporting guidelines (s 17), creating layered executive discretion.","Delegation and outsourcing — commissioner may delegate functions and engage external claims managers with specified expertise; contractual terms are broadly left to negotiation (ss 20, 22).","Investment rules with consistency requirement — investments may be made under the Financial Management Act or prescribed by investment guidelines and must be consistent with those guidelines (s 14).","Appropriation and returns mechanics — appropriations, investment returns and deductions for fees interact with public accounting rules and transfer/appropriation mechanics (ss 10, 14, 15).","Confidentiality and criminal offences — strict offences and penalties for misuse or disclosure of protected information by information holders (s 28).","Liability allocation — commissioner has statutory protection from civil liability for honest, non‑reckless conduct and liabilities instead attach to the Territory (s 29), affecting risk allocation.","Advisory governance — establishment of an advisory committee with specified composition and quorum rules that influence advice flow but not investment decisions (ss 24–27).","Amendment history complexity — multiple post‑enactment amendments (A2019‑42, A2025‑30) altered appropriation, investment, payment and commissioner functions, increasing interpretive complexity."],"plain_english_summary":"This Act creates a dedicated Public Sector Workers Compensation Fund and a directorate to hold, invest and pay money needed to meet the Territory’s workers‑compensation liabilities as a self‑insured licencee under the Commonwealth Safety, Rehabilitation and Compensation Act. It assigns a PSWC commissioner to set contribution (premium) amounts, manage the fund and engage a claims manager, and gives the Treasurer and Minister power to make investment and management guidelines. The law centralises funding, payment and claims‑management rules and limits use and disclosure of protected claim information."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/public-sector-workers-compensation-fund-act-2018","history":"/api/acts/public-sector-workers-compensation-fund-act-2018/history","analysis":"/api/acts/public-sector-workers-compensation-fund-act-2018/analysis","conflicts":"/api/acts/public-sector-workers-compensation-fund-act-2018/conflicts","importantCases":"/api/acts/public-sector-workers-compensation-fund-act-2018/important-cases","documents":"/api/acts/public-sector-workers-compensation-fund-act-2018/documents"}}