What it does
This Order prescribes how workers compensation insurance premiums are to be calculated for policies taking effect between 4 pm on 30 June 2009 and 4 pm on 30 June 2010, the form of certain adjustments and contributions, and several administrative rules that determine taxable and non‑taxable components of wages for premium calculation. It commences at 4 pm on 30 June 2009 and must be published in the Gazette (clause 2). The Order is explicitly the Insurance Premiums Order 2009-2010 and incorporates Schedules 1-12 as part of the instrument (clauses 1 and 8).
Mechanically the Order sets a single algebraic framework for the premium payable by an employer, expressed in clause 3(1). The formula aggregates a basic tariff premium T (Schedule 3), an experience adjustment factor S (Schedule 4), an experience premium E (Schedule 5), and specified contributions or adjustments Q (premiums adjustment contribution), D (dust diseases contribution), I (input tax credit adjustment, Schedule 8), M (Mine Safety Fund premium adjustment, Schedule 9) and A (apprentice incentive amount, Schedule 10). The insurer must calculate the premium for a period of insurance of not more than 12 months (clause 3(1)).
The Order differentiates calculation methods for small employers compared with medium and large employers. It also places caps on how large the experience adjusted premium may be relative to the basic tariff premium, with tiered multipliers depending on the size of the basic tariff premium less the apprentice incentive amount (clause 3(2)). Where an employer is a member of a group, the individual caps are displaced by group‑sum caps that operate by aggregating members’ basic tariff premiums and apprentice incentives (clause 3(3) and Schedule 8, clause 3).
The Order creates a 3 percent discount for employers who pay the full initial premium for a 12 month policy by the due date, who do not elect instalments, and who have notified the insurer of a reasonable estimate of wages in the prescribed manner (clause 4). It prescribes an employer excess amount for weekly compensation claims relevant to section 160(1) of the Workers Compensation Act 1987: nil where the employer notifies the insurer of the injury within 5 days of becoming aware, otherwise the lesser of the worker’s current weekly wage rate under s 42 or $1,654.40 (clause 5). The Order also specifies the prescribed late payment interest rate by reference to s 22 of the Taxation Administration Act 1996 (clause 6), and fixes a monetary amount ($1,654.40) for certain cost calculations under the Workers Compensation Regulation 2003 (clause 7).
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is not to exceed one and a half times the amount of that basic tariff premium
, and
is not to exceed twice the amount of that basic tariff premium
, and
is not to exceed two and a half times the amount of that basic tariff premium
.
is not to exceed one and a half times the amount of the employer’s basic tariff premium
, and
is not to exceed twice the amount of the employer’s basic tariff premium
, and
is not to exceed two and a half times the amount of the employer’s basic tariff premium
,