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).
This Order fixes the mechanics for calculating workers compensation insurance premiums for policies in New South Wales that take effect between 4 pm on 30 June 2015 and 4 pm on 30 June 2016 (and temporarily extends to later policies if a successor order is not made) (Schedule 2, cl 1). It prescribes the components that make up an employer’s premium and the formula by which the insurer is to calculate the premium payable (clause 3 and Schedule 3). Those components include a basic tariff premium, a claims performance adjustment, a range of employer incentives and rewards, industry-specific contributions such as a dust diseases contribution and a Mine Safety Fund adjustment, a premiums adjustment contribution, an apprentice incentive and an employer return-to-work incentive (clause 3 and defined in Schedules 3-13).
The Order also sets payment and procedural measures that affect economic behaviour. It creates a discount regime for paying the initial premium in full (3 percent for employers other than small employers; 5 percent for small employers) subject to a series of conditions including provision of a reasonable wages estimate and not electing instalments (clause 4). It prescribes the employer excess amount for recovery under section 160 of the Workers Compensation Act 1987, including a $0 excess where the employer notifies the insurance scheme agent of the injury within five days and a capped amount otherwise (clause 5). The late payment interest rate for the Act’s relevant provisions is fixed (0.825 percent per month, compounded monthly) (clause 6). The Order sets a $175 minimum premium and specifies rules for excluding certain wages from premium calculations (Schedules 5 and 6).
The Order requires specific record-keeping where allowances are excluded from wages, and it prescribes methods for calculating motor vehicle and accommodation allowance exclusions, including continuous recording or averaging methods with detailed odometer-record requirements (Schedule 1, clauses 3-7). It determines how employers are to be classified for tariff purposes, aggregates group members for threshold tests, and deals with predecessor businesses for claims and tariff history (Schedule 1, clauses 8, 11; Schedule 4). The Nominal Insurer is given a limited transitional discretion to order downward adjustments where a new premium percentage exceeds the previous rate by more than 1.3 times, subject to defined exclusions and with power to publish guidelines (clause 9).
Current sections
Direct links to the current provisions in Insurance Premiums Order 2015–2016.
This Order commences at 4 pm on 30 June 2015 and must be published in the Gazette.
3
Calculation of insurance premium payable by employer
3 Calculation of insurance premium payable by employer
3 Calculation of insurance premium payable by employer
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:
(a) if the employer is an experience-rated employer for the purposes of the policy, in accordance with the following formula:
(b) if the employer is a small employer for the purposes of the policy, in accordance with the following formula:
where:
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:
(a) except as provided by paragraph (b), the initial premium so payable in accordance with this Order, or
(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.
BTP is the basic tariff premium for the employer, calculated with respect to the period of insurance in accordance with Schedule 3.
CPA is the claims performance adjustment for the employer calculated with respect to the period of insurance in accordance with Schedule 4.
ESI is the employer safety incentive, if any, for the employer calculated with respect to the period of insurance in accordance with Schedule 10.
ESR is the employer safety reward, if any, for the employer calculated with respect to the period of insurance in accordance with Schedule 12.
PD is the performance discount, if any, for the employer calculated with respect to the period of insurance in accordance with Schedule 13.
Q is the premiums adjustment contribution, if any, for the employer.
D is the dust diseases contribution, if any, for the employer calculated with respect to the period of insurance in accordance with Schedule 9.
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.
A is the apprentice incentive amount, if any, for the employer calculated with respect to the period of insurance in accordance with Schedule 8.
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.
4
Discount available for premiums paid in full
4 Discount available for premiums paid in full
4 Discount available for premiums paid in full
(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:
(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
(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
(c) the employer has not elected to pay the premium by instalments, and
(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.
Note—
Clause 147 of the Workers Compensation Regulation 2010 requires an employer to notify the insurer concerned of the matter referred to in paragraph (d).
(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:
(a) the period of insurance to which the policy relates is:
(i) 12 months, or
(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
(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
(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
(c) the small employer has not elected to pay the premium by instalments.
5
Recovery of excess from employer: section 160 of Act
5 Recovery of excess from employer: section 160 of Act
5 Recovery of excess from employer: section 160 of Act
For the purposes of the definition of prescribed excess amount in section 160 (1) of the Act, the following excess amount is specified:
(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,
(b) in all other cases—the lesser of the following:
(i) the amount that is the weekly payment of compensation to which the worker is entitled as determined by section 36 of the Act,
(ii) $1,999.30.
Note—
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.
6
Late payment prescribed rates: sections 170 (8) and 172 (5) of Act
6 Late payment prescribed rates: sections 170 (8) and 172 (5) of Act
6 Late payment prescribed rates: sections 170 (8) and 172 (5) of Act
For the purposes of sections 170 (8) and 172 (5) of the Act, the prescribed rate is 0.825% per month compounded monthly.
7
Cost of claims: clause 152 (1) (a1) of the Regulation
7 Cost of claims: clause 152 (1) (a1) of the Regulation
7 Cost of claims: clause 152 (1) (a1) of the Regulation
(1) For the purposes of clause 152 (1) (a1) of the Workers Compensation Regulation 2010, 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.
Note—
Clause 152 (1) of the Workers Compensation Regulation 2010 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.
(2) In subclause (1), the cost of an individual claim (C) is to be calculated using the following formula:
where:
C is the cost of the individual claim.
CC is the unadjusted costs of the individual claim calculated in accordance with subclauses (3)–(5).
R% is the amount recovered as a percentage of the total cost of an individual claim calculated in accordance with subclause (6).
RTWI% is the return to work incentive percentage for the employer and is:
(a) for a small employer—0, and
(b) for an experience-rated employer—calculated with respect to the period of insurance in accordance with subclause (7).
(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:
(a) weekly compensation payments, if any, made by the insurer in respect of the claim pursuant to the Act,
(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,
(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,
(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,
(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,
(f) the payments, if any, of damages at common law and under the Compensation to Relatives Act 1897 made by the insurer either in satisfaction of judgments relating to the claim or in settlement of the claim,
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).
(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.
(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.
(6) In subclause (2), R% is to be calculated using the following formula:
where:
R is the sum of amounts recovered by the insurer in relation to any individual claim, but:
(a) does not exceed TCC, and
(b) does not include amounts recovered under section 160 of the Act.
TCC is the total cost of an individual claim calculated in accordance with clauses 152–155 of the Workers Compensation Regulation 2010 as if the policy were issued so as to take effect immediately before 4 pm on 30 June 2015.
(7) In subclause (2), the return to work incentive percentage RTWI% for an experience-rated employer is to be calculated as follows:
(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,
Table
| Column 1 | Column 2 |
| Return to work period after date of injury: | RTWI% |
| Less than 13 weeks | 0.15 |
| 13 weeks or greater but less than 26 weeks | 0.1 |
| 26 weeks or greater but less than 52 weeks | 0.05 |
(b) in any other case, in accordance with the following formula:
(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.
8
Exemption limit for certain employers: section 155AA (8) of Act
8 Exemption limit for certain employers: section 155AA (8) of Act
8 Exemption limit for certain employers: section 155AA (8) of Act
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:
(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,
(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) to hold a policy of insurance with Racing NSW, regardless of whether the employer carries on any other business.
Note—
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.
9
Transitional adjustment provision
9 Transitional adjustment provision
9 Transitional adjustment provision
(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.
(2) This clause does not apply if the new premium percentage rate is greater than the old premium percentage rate solely because of:
(a) a change to a classification under the Insurance Premiums Order 2014–2015 to a classification under this Order (both classifications being correct), or
(b) a change of business activity.
(3) The Nominal Insurer may issue guidelines for or with respect to any of the following:
(a) the manner in which applications under this clause are to be made,
(b) criteria for determining how downward adjustments are calculated,
(c) other matters relevant to the transition to the calculation of premiums under this Order.
(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.
(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.
(6) In this clause:
new premium percentage rate, in relation to an employer, means a percentage rate calculated in accordance with the following formula:
where:
BTP is the basic tariff premium for the employer, calculated with respect to the period of insurance in accordance with Schedule 3.
CPA is the claims performance adjustment for the employer calculated with respect to the period of insurance in accordance with Schedule 4.
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.
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:
(a) if the employer was a medium or large employer (within the meaning of the Insurance Premiums Order 2014–2015) for the purposes of calculating that premium, in accordance with the following formula:
(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:
where E, S, T and W0, are the amounts calculated in accordance with the Insurance Premiums Order 2014–2015 to determine the employer’s premium for the period of insurance immediately preceding the current period of insurance.
10
Schedules form part of Order
10 Schedules form part of Order
10 Schedules form part of Order
Schedules 1–16 form part of this Order.
Schedule 1
Interpretation
Schedule 1 Interpretation
Schedule 1 Interpretation
(Clause 10)
11
Meaning of “predecessor”
11 Meaning of “predecessor”
11 Meaning of “predecessor”
(1) For the purposes of this Order, a person is the predecessor of an employer if:
(a) Acquisition or otherwise gaining possession of predecessor’s business
the employer has acquired or otherwise come into the possession of the business of the person, or
(b) Transfer of all or majority of predecessor’s workforce
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.
Note—
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.
(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.
(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.
(4) In this clause, business has the same meaning as in Division 2B of Part 7 of the Act.
Schedule 2
Application
Schedule 2 Application
Schedule 2 Application
(Clause 10)
Schedule 3
Basic tariff premium
Schedule 3 Basic tariff premium
Schedule 3 Basic tariff premium
(Clause 3)
Schedule 4
Claims performance adjustment
Schedule 4 Claims performance adjustment
Schedule 4 Claims performance adjustment
(Clause 3)
Schedule 5
Minimum premium
Schedule 5 Minimum premium
Schedule 5 Minimum premium
(Clause 10)
Schedule 6
Reduction of premium for employers of previously injured workers etc
Schedule 6 Reduction of premium for employers of previously injured workers etc
Schedule 6 Reduction of premium for employers of previously injured workers etc
(Clause 10)
Schedule 7
Mine Safety Fund premium adjustment
Schedule 7 Mine Safety Fund premium adjustment
Schedule 7 Mine Safety Fund premium adjustment
(Clause 3)
Schedule 8
Apprentice incentive scheme
Schedule 8 Apprentice incentive scheme
Schedule 8 Apprentice incentive scheme
(Clause 3)
Schedule 9
Dust diseases contribution
Schedule 9 Dust diseases contribution
Schedule 9 Dust diseases contribution
(Clause 3)
Schedule 10
Employer safety incentive
Schedule 10 Employer safety incentive
Schedule 10 Employer safety incentive
(Clause 3)
Schedule 11
Return to work incentive
Schedule 11 Return to work incentive
Schedule 11 Return to work incentive
(Clause 3)
Schedule 12
Employer safety reward
Schedule 12 Employer safety reward
Schedule 12 Employer safety reward
(Clause 3)
Schedule 13
Performance discount
Schedule 13 Performance discount
Schedule 13 Performance discount
(Clause 3)
Schedule 14
Table A
Schedule 14 Table A
Schedule 14 Table A
Editorial note—
For the text of Schedule 14 see Gazette No 47 of 5 June 2015, p 1304.
Schedule 15
Table B
Schedule 15 Table B
Schedule 15 Table B
Editorial note—
For the text of Schedule 15 see Gazette No 47 of 5 June 2015, p 1316.
Schedule 16
Table C
Schedule 16 Table C
Schedule 16 Table C
Editorial note—
For the text of Schedule 16 see Gazette No 47 of 5 June 2015, p 1567.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of Order
1 Name of Order
1 Name of Order
This Order is the Insurance Premiums Order 2015–2016.
2 Commencement
2 Commencement
2 Commencement
This Order commences at 4 pm on 30 June 2015 and must be published in the Gazette.
3 Calculation of insurance premium payable by employer
3 Calculation of insurance premium payable by employer
3 Calculation of insurance premium payable by employer
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:
(a) if the employer is an experience-rated employer for the purposes of the policy, in accordance with the following formula:
(b) if the employer is a small employer for the purposes of the policy, in accordance with the following formula:
where:
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:
(a) except as provided by paragraph (b), the initial premium so payable in accordance with this Order, or
(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.
BTP is the basic tariff premium for the employer, calculated with respect to the period of insurance in accordance with Schedule 3.
CPA is the claims performance adjustment for the employer calculated with respect to the period of insurance in accordance with Schedule 4.
ESI is the employer safety incentive, if any, for the employer calculated with respect to the period of insurance in accordance with Schedule 10.
ESR is the employer safety reward, if any, for the employer calculated with respect to the period of insurance in accordance with Schedule 12.
PD is the performance discount, if any, for the employer calculated with respect to the period of insurance in accordance with Schedule 13.
Q is the premiums adjustment contribution, if any, for the employer.
D is the dust diseases contribution, if any, for the employer calculated with respect to the period of insurance in accordance with Schedule 9.
Finally, the Order incorporates 16 Schedules that contain the substantive formulas, tables and definitions (clause 10 and Schedules 1-16). Several Schedules reference industry classification tables (Schedules 14-16), which the Order incorporates by Gazette reference.
Main concepts
The Order operates by assembling a set of defined elements into an algebraic premium formula (clause 3). The headline parts are:
Basic tariff premium (BTP). Calculated as the sum across the employer’s activity classes of wages attributable to each class multiplied by the corresponding percentage or per capita rate in Table A (Schedule 3, cl 1). If per capita rates apply, the relevant units substitute for wages (Schedule 3, cl 2(1)).
Claims performance adjustment (CPA). A rate derived from the employer’s claims performance measure and basic tariff premium history and applied via Table C (Schedule 4, cl 1). The CPA uses a multi-year measure (C1, C2, C3; BTP1, BTP2, BTP3) and a scheme performance measure that varies according to the period an employer has been insured (SPM values in Schedule 4, cl 1(2)).
Employer incentives and rewards. Multiple elements reduce or increase the premium: employer safety incentive (ESI, Schedule 10), employer safety reward (ESR, Schedule 12), performance discount (PD, Schedule 13), apprentice incentive (A, Schedule 8) and a return to work incentive (RTWI, Schedule 11). These are expressed as amounts or percentage reductions relative to BTP and are calculated in different ways for small and experience-rated employers.
Industry contributions. Dust diseases contribution (D, Schedule 9) and Mine Safety Fund premium adjustment (M, Schedule 7) are calculated using Table A rates or a separate formula for certain dust-disease classes. A premiums adjustment contribution (Q) is also recognised in the main formula (clause 3 definitions).
Minimum and rounding rules. A minimum premium of $175 applies (Schedule 5, cl 1). Values are to be expressed in dollars (Schedule 1, cl 1(2)).
Procedural and behavioural anchors:
Classification rule and aggregation. Employers are assigned an industry class from Table B (Schedule 1, cl 8). Group membership is aggregated for BTP and wages where relevant (Schedule 1, cl 2(2) and Schedule 3, cl 1).
Data and evidence rules. Wages used in calculations must be supplied by employers under the regulations, and absence of required returns triggers specified presumptions and multipliers, for example 1.3 for experience-rated employers failing to provide prior returns (Schedule 1, cl 9(2)-(3)) and special rules for small employers (Schedule 1, cl 10).
Record-keeping for allowances. The Order provides method options and detailed record requirements for excluding motor vehicle and accommodation allowances from the wages base (Schedule 1, cl 3-7).
Recovery and payment rules. The Order identifies the prescribed excess for section 160 recovery (clause 5), fixes the late payment rate (clause 6) and disqualifies certain claims from cost-of-claims calculations (clause 7(1)).
Decision and governance levers:
Governor and Authority role. The performance discount percentage PD% is to be determined by the Governor following recommendation from the Authority and notified in the Gazette (Schedule 13, cl 1(b)). The Nominal Insurer may issue guidelines for transitional adjustments and methods of application (clause 9(3)).
Nominal Insurer and insurer roles. The insurer calculates premiums using the Order’s formulas, may re-determine premiums when adjustments are required or if reimbursement requests are made that alter weekly payments (Schedule 3 cl 1 and Schedule 7; clause 7(5) re weekly compensation reimbursement by employer to Nominal Insurer). The Nominal Insurer also has discretion to publish guidelines and effect downward adjustments (clause 9).
These concepts translate into a set of incentives. For example, the 3 percent or 5 percent in-full payment discount requires employers to provide a reasonable wage estimate and to pay in full rather than by instalments (clause 4). Failure to supply returns or required notices triggers prescriptive uplifts or zeros in incentive calculations, creating an administrative incentive to supply timely data (Schedule 1 cl 9; Schedule 8 cl 2). The claims performance and return-to-work incentives tie premium variation to historical claims costs and return-to-employment outcomes (Schedule 4 and Schedule 11), turning employer claims experience and worker outcomes into economic signals in pricing.
Who it affects
The Order directly regulates the calculation of premiums and therefore affects employers in New South Wales who hold or must hold workers compensation policies that take effect on or after 4 pm on 30 June 2015 and before 4 pm on 30 June 2016 (Schedule 2, cl 1). It also affects employers who are members of employer groups, where aggregation rules change thresholds and rates (Schedule 1, cl 2(2); Schedule 4). The various employer categories that matter operationally under the Order are:
Experience-rated employers. Defined by a BTP test where the basic tariff premium for a 12 month period exceeds $30,000 (Schedule 1, cl 2(1)(a)). Experience-rated employers are subject to the full CPA methodology including RTWI% calculations for experience-rated employers (clause 3; Schedule 4; clause 7(7)).
Small employers. Defined by BTP not exceeding $30,000 on a 12 month basis (Schedule 1, cl 2(1)(b)). Small employers have different incentive calculations and entitlements: higher upfront payment discount (5 percent) (clause 4(2)), different treatment for RTWI and for apprentice incentive calculation and defaulting to zero in some cases until wages notices are supplied (Schedules 4, 8, 11).
Employers in specific industry classes. Employers whose businesses sit in particular Table A classes that are per capita-based, or who operate in thoroughbred racing and are required by rules to hold Racing NSW insurance, are carved out of the exemption regime by setting exemption limits at $0 for the year (clause 8). Employers in dust-disease related classes face the dust diseases contribution formula (Schedule 9). Employers in mining classes within Division B of Table B are subject to the Mine Safety Fund adjustment (Schedule 7).
Employers who are predecessors, members of groups, or who acquire businesses. Predecessor rules bring historical claims and tariff history into the successor employer’s premium calculation (Schedule 1, cl 11; Schedule 4 cl 1(4) and Schedule 4 cl 5).
Insurers and the Nominal Insurer. Licensed insurers must calculate premiums in accordance with the Order and may re-determine premiums if adjustments are required (clause 3 definitions). The Nominal Insurer may issue operational guidelines and process transitional downward adjustments (clause 9).
Workers indirectly. The Order affects wage-excluded allowances (motor vehicle and accommodation allowance rules in Schedule 1 cl 3-7), which change the wage base used to calculate premiums and thereby affect employer premium levels that can influence employment costs.
Regulators and administrators. The Workers Compensation Authority (the Authority) and the Nominal Insurer exercise delegated roles: the Authority may issue guidelines under various schedules (Schedule 6 cl 4) and the Nominal Insurer may issue guidelines for transitional adjustments (clause 9(3)). The Governor and the Authority set the PD% through a formal recommendation and Gazette notice (Schedule 13 cl 1(b)).
Indirect effects include: employers who fail to provide required returns face assumed wages or default values that increase premiums (Schedule 1 cl 9 and cl 10), and small employers that do not supply wage notices for apprentices or renewals may have incentive amounts taken to be zero (Schedule 8 cl 2). Employers who fail to notify injuries promptly face an employer excess that can be non-zero and capped rather than zero (clause 5).
Key duties and rights
Duties imposed by the Order are primarily administrative and data-supplying obligations that enable the calculation rules to be applied, together with payment and record-keeping duties:
Duty to provide wages information. Insurers compute premiums using wages returns furnished under the regulations. Failure to supply returns allows the insurer to use prescribed estimates or apply multipliers (Schedule 1 cl 9(2)-(3) for experience-rated employers; Schedule 1 cl 10 for small employers). Small employers are required to supply notices as prescribed to enable calculation of apprentices’ incentives and may be taken to have A = 0 until appropriate notice is supplied (Schedule 8 cl 2 and cl 3).
Record-keeping for allowances. Employers who seek to exclude motor vehicle or accommodation allowances from wages must keep specific records. The continuous recording method requires odometer readings and trip purpose details for each business journey (Schedule 1 cl 4). The averaging method requires a detailed 12-week record and continued use rules for up to four succeeding periods unless the Authority directs otherwise (Schedule 1 cl 5).
Duty to notify injuries. For the purpose of the employer excess under section 160, timely notification within five days to the insurance scheme agent results in a $0 prescribed excess; late notification means the prescribed excess is the lesser of the weekly payment amount or $1,999.30 (clause 5).
Duty to comply with insurer demands. The insurer calculates and demands the premium using the Order’s formulas; an employer is liable for the premium so calculated (clause 3 definitions P and BTP and Schedule 3). If adjustments are required under the Order, the insurer may adjust premiums and demand the adjusted amount (clause 3(b)).
Rights and discretions recognised by the Order include:
Right to a discount for full payment. Employers (subject to the conditions) may pay the initial premium in full and receive a discount (3 percent for non-small employers; 5 percent for small employers) but only where the insurer has been provided with a reasonable estimate of wages and the employer has not elected instalments (clause 4).
Right to apply for transitional downward adjustment. An employer may apply to the Nominal Insurer for a downward adjustment of premium where the new premium percentage rate is more than 1.3 times the old premium percentage rate, with some exclusions (clause 9(1)-(2)). The Nominal Insurer may issue guidelines on application method and criteria (clause 9(3)).
Right to reclassification. Where an employer does not supply sufficient classification information, the business is classified in the highest applicable class, but that classification may be revised to a lower class when sufficient information is provided (Schedule 3 cl 2(2); Schedule 9 cl 2). This creates a remedial path to correct an initially adverse classification.
Administrative discretion. The Nominal Insurer and the Authority may issue guidelines, and the Governor sets certain rates on recommendation. The insurer may re-determine premiums if weekly compensation reimbursement requests occur (clause 7(5)).
Operational constraints and contractual settings:
For group members, aggregation changes thresholds and eligibility for experience rating and small employer status (Schedule 1 cl 2(2)). Employers therefore must be aware of group boundaries because their rights and duties under the Order flow from aggregated BTP/wages.
Minimum premium overrides. The minimum premium of $175 will increase the employer’s amount payable even where discounts or adjustments would otherwise reduce the premium below that floor (Schedule 5).
Non-disputability of transitional applications. A downward adjustment application or the adjustment itself is explicitly stated not to be a "disputed aspect" for the purposes of section 170 of the Act (clause 9(5)). That has procedural consequences for dispute resolution under the Act.
The Order prescribes these duties and rights in a technical manner; it allocates administrative responsibility primarily to insurers, with the Authority and Nominal Insurer providing guideline and supervisory functions, and places substantive compliance obligations on employers to supply wages and records to secure favourable treatment.
Penalties and enforcement
The Order itself does not create new criminal offences or civil penalties in its text, but it interacts with statutory recovery, payment and dispute mechanisms in the Workers Compensation Act 1987 and the accompanying regulations. Key enforcement and remedial mechanisms in the instrument are administrative, financial and procedural:
Recovery of employer excess. Clause 5 specifies the prescribed excess amount for section 160(1) of the Act. Section 160(2) of the Act requires an employer to repay that prescribed excess to the insurer in respect of each weekly compensation claim the insurer has paid. Clause 5 therefore activates the Act’s recovery mechanism and clarifies the quantum (either $0 if the employer notified the scheme agent within five days, or otherwise the lesser of the worker’s weekly payment under s 36 or $1,999.30) (clause 5). The Order notes that, under s 160(2), if the insurer has paid less than the prescribed excess, the employer repays the lesser amount (clause 5 note and text).
Interest on late payments. Clause 6 fixes the prescribed rate for sections 170(8) and 172(5) of the Act as 0.825 percent per month compounded monthly. Those sections of the Act govern interest for late payments and associated provisions. The Order therefore standardises the financial penalty for late payment of amounts related to premiums or reimbursements under the Act.
Premium calculation and re-determination. Insurers must calculate premiums in accordance with the Order and may adjust premiums where the Order requires adjustments, including recalculation after an employer requests reimbursement of weekly payments (clause 3(b); clause 7(5)). Failure to supply required returns allows the insurer to apply the prescribed assumptions or multipliers (Schedule 1 cl 9 and cl 10), which effectively raises an employer’s premium. Those financial consequences function as enforcement levers through default rules.
Non-application for dispute procedures. Clause 9(5) declares that a downward adjustment or an application for a downward adjustment under clause 9 is not a disputed aspect for the purpose of section 170 of the Act. That limits the operation of the Act’s dispute processes in that narrow context, shifting the Nominal Insurer’s adjustment decisions into an administrative, rather than litigable, category under the Act.
Classification and labourer record rules. If an employer does not supply sufficient information for classification, the business is classified in the highest applicable class until corrected (Schedule 3 cl 2(2), Schedule 9 cl 2). That has the practical enforcement effect of imposing higher premium rates until the employer supplies information.
Bodies with enforcement and oversight roles:
Insurer. The licensed insurer calculates, demands and enforces collection of the premium. The insurer also applies prescribed multipliers, re-determines premiums when directed by the Order and may recover amounts under the Act, including the section 160 employer excess (see clause 3 definitions and clause 7(5)).
Nominal Insurer. The Nominal Insurer can issue guidelines for transitional adjustments, determine downward adjustments, and requires employers to apply to it for transitional relief (clause 9). This gives the Nominal Insurer an administrative gatekeeping role.
Authority and Governor. The Workers Compensation Authority may issue guidelines under certain Schedules (Schedule 6 cl 4). The Governor sets the PD% on recommendation from the Authority, which is notified in the Gazette (Schedule 13 cl 1(b)). These roles control rate-setting and guidance, rather than immediate penalties.
Procedural risks and enforcement implications:
Financial consequences of administrative default are significant: failure to lodge wages returns, to supply odometer/accommodation documentation, or to notify injuries within five days shifts the financial burden to employers either through higher assumed wages, lost incentive amounts (A = 0) or a non-zero prescribed excess (clause 5; Schedule 1 cl 9, Schedule 8 cl 2). Those are administrative enforcement mechanisms embedded in the pricing rules rather than criminal sanctions.
Interest accrues at a specified compound monthly rate for late payments (clause 6), which increases the timely payment imperative and creates a predictable enforcement cost.
No case law or judicial enforcement history is contained in the text of the Order. The Order relies on pre-existing statutory enforcement machinery in the Act and on administrative rules used by insurers and the Nominal Insurer to realise compliance.
How it interacts with other laws
The Order is an instrument operating under the Workers Compensation Act 1987 (the Act) and cross-references multiple statutory and regulatory instruments. The Order’s interlocks and dependencies include:
Workers Compensation Act 1987. The Order translates the Act’s premium calculation and recovery framework into detailed numeric rules (see clause 3 referencing the definition of P and recovery under section 160). It prescribes the prescribed excess amount for the purposes of s 160(1) (clause 5) and sets the late payment rate for sections 170(8) and 172(5) (clause 6). Clause 9(5) interacts directly with section 170 by excluding certain transitional adjustment matters from s 170 dispute treatment.
Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act). The Order uses provisions and terminology from the 1998 Act in respect of provisional weekly payments (clause 7(3)(b)) and defines how those payments are to be treated for claim cost calculations.
Workers Compensation Regulation 2010. The Order references cl 147 of the Regulation for employer obligations to notify insurers with respect to wages and links several procedural duties to the Regulation (clause 4 note and Schedule 8 references). The Order’s reliance on returns required by the regulations is continuous in the wages determination rules (Schedule 1 cl 9 and cl 10).
Apprenticeship and Traineeship Act 2001. The Order imports the definition of apprentice and apprenticeship contract from that Act when calculating the apprentice incentive and for eligibility rules (Schedule 1 cl 1 definition; Schedule 8 cl 1(3)).
Compensation to Relatives Act 1897 and Workers’ Compensation (Dust Diseases) Act 1942. The Order references payments of damages under the Compensation to Relatives Act 1897 and the Dust Diseases Act when calculating large claim components and dust diseases contributions (clause 7(3)(f) and Schedule 9 cl 1(2)).
Corporations Act 2001. The Order uses the Corporations Act definition of "limited proprietary company" in Schedule 1 definitions.
A New Tax System (Goods and Services Tax) Act 1999. The Order imports the GST definition for use in calculating contributions (Schedule 1 cl 1).
Operational cross-effects and practical interoperability:
The Order depends on the existing regulatory returns and procedures established by the Regulation. Where the Regulation requires employers to supply wage notices (for example clause 147), the Order treats failure to supply information as triggering specific pricing defaults (clause 4(d) note; Schedule 8 cl 2 and Schedule 1 cl 9). Thus compliance with the Regulation is material to realising the financial outcomes of the Order.
The Order defers to other statutory boards and determinations for some class-specific settings. For example, Schedule 9(2) refers to a particular determination published by the Workers’ Compensation (Dust Diseases) Board (Gazette No 64 of 11 May 1979). The interaction produces a composite regime where board determinations and the Order’s tables jointly determine contributions.
The Order interacts with the Act’s dispute resolution and recovery provisions. Clause 9(5) removes a narrow class of transitional adjustment matters from being a "disputed aspect" under s 170, which alters the procedural pathway an employer might take when challenging a downward adjustment decision.
Governor and Authority powers in the Order rely on their statutory capacities under the Act to adopt and publish rates. The PD% is set by the Governor on the Authority’s recommendation, requiring administrative coordination.
In sum, the Order is not a stand-alone instrument; it prescribes numerical and procedural detail intended to be applied within the Act’s broader statutory architecture, including the Regulation, prior Acts and administrative determinations. Employers and insurers must therefore align compliance practices with the Order and the surrounding statutory instruments it references.
Amendment history
The text of the Order records its commencement at 4 pm on 30 June 2015 and requires publication in the Gazette (clause 2). The Order functions as the Insurance Premiums Order for the 2015-2016 year: Schedule 2 cl 1 expressly confines application to policies taking effect at or after 4 pm on 30 June 2015 and before 4 pm on 30 June 2016, with a stopgap extension where no successor order is made before 30 June 2016 (Schedule 2 cl 1(2)).
The Order incorporates 16 Schedules and several of those Schedules reference Table A, Table B and Table C, whose text is supplied by Gazette references rather than printed directly in the instrument (Schedules 14-16 editorial notes). The Order therefore depends on ancillary publication(s) in the Gazette for full operational detail: Schedule 14, Schedule 15 and Schedule 16 are presented by reference to Gazette No 47 of 5 June 2015 with specific page references (Schedule 14 editorial note; Schedule 15 editorial note; Schedule 16 editorial note).
The instrument itself contains a small number of later-noted editorial references to subsequent notices. For example, Schedule 13 includes an editorial note pointing to Gazette No 54 of 29 June 2016, p 1845, as the place to see the PD% notified by the Governor (Schedule 13 cl 1 editorial note). That implies the PD% applied for a period was set or altered by subsequent Gazette notice.
Transitional and administrative amendments are possible within the Order’s design: clause 9 allows an employer to apply to the Nominal Insurer for a downward premium adjustment and permits the Nominal Insurer to issue guidelines. Those guidelines can shape the operation of clause 9 without an amendment to the Order itself (clause 9(3)). The Order also contemplates ongoing recalculation by insurers where certain events occur after renewal, for example employer requests for reimbursement of weekly payments (clause 7(5)), which function as operative adjustments rather than textual amendments.
No textual amendment history (for example, later numbered amending instruments) is embedded in the text the user supplied beyond the editorial Gazette references. The Order’s lifecycle is therefore principally annual and tied to the annual issuance of an Insurance Premiums Order. The Schedule references and editorial notes indicate that certain numerical tables and the PD% are published separately in the Gazette and can be varied without changing the main instrument, by replacing the Gazette-supplied tables or PD% notice.
Readers wanting to track amendments should therefore consult the Gazette notices referenced (Gazette No 47 of 5 June 2015 for Table A/B/C; Gazette No 54 of 29 June 2016 for PD% notification) and check whether successor Insurance Premiums Orders were made for subsequent years or whether those tables were replaced. The Order itself makes explicit that Schedules 1-16 form part of the Order (clause 10), so any Gazette replacement of the tables effectively amends the operational content of the Order by substitution.
Litigation history
The text provided contains no litigation history, no citations to cases and no judicial interpretations. The Order itself is an administrative instrument implementing numeric and procedural rules under the Workers Compensation Act 1987. It does not record any court decisions, nor does it cite judicial authorities.
Consequently, the Order has no internal record of precedent, and any application or contestation of its provisions would proceed under the Act’s dispute resolution and administrative review processes or by judicial challenge to decisions made in reliance on the Order, but that litigation record is not present in the text. Where clause 9(5) excludes certain transitional adjustment matters from being a "disputed aspect" under section 170 of the Act, that is a procedural limit embedded in the instrument; whether that clause’s application has been contested in courts or tribunals would require external research beyond the Order’s text.
For practitioners analysing risk or preparing for litigation, the salient starting points in the absence of published case law in the instrument are:
The Act’s enforcement and dispute provisions, especially section 170 and section 160, because the Order prescribes amounts and procedural treatment that interact with those sections (clause 5 and clause 9(5)).
Administrative decisions by insurers or the Nominal Insurer, including premium re-determinations and transitional adjustment decisions, which may be amenable to review depending on the Act and general administrative law principles.
Compliance-driven financial consequences under the Order, such as classification to the highest applicable class for insufficient information (Schedule 3 cl 2), or default multipliers for missing returns (Schedule 1 cl 9), which yield discrete points that an employer might seek to dispute administratively or, if necessary, judicially.
Because the Order provides detailed numeric formulas and administrative paths, any litigation would likely focus on the fidelity of a particular insurer’s computation to those formulas, the adequacy and reasonableness of the insurer’s application of default assumptions, or the Nominal Insurer’s exercise of guideline and downward adjustment powers. Those streams of litigation, if they exist, are not documented in the instrument.
Gotchas
The Order includes a range of specific technical rules that can produce materially adverse consequences if employers or advisers overlook them. These are practical traps and points that demand attention:
Highest-class default for insufficient information. If an employer does not supply sufficient information to enable correct classification, the business will be placed in the class with the highest percentage rate that appears applicable until the employer supplies sufficient information to reclassify to a lower rate (Schedule 3 cl 2(2); Schedule 9 cl 2). This creates an immediate financial exposure until corrected.
Presumptive uplift where returns missing. For experience-rated employers, if the employer has failed to furnish returns for any relevant period and the monetary value of wages has not been ascertained, the estimate is the preceding period’s wages multiplied by 1.3 (Schedule 1 cl 9(3)). For small employers, absent the specific second-last wages notice, the fallback can be the immediately preceding period’s wages multiplied by 1.3 (Schedule 1 cl 10(2)(c)). Those default multipliers substantially increase the premium base.
Loss of incentives where notices missing. Various incentives are contingent on supplying particular notices: the apprentice incentive A is taken to be zero for renewed policies for small employers until a wages notice is supplied in approved form (Schedule 8 cl 2(3) and cl 4(4)). The apprentice incentive for any employer may be taken to be zero where no notice of wages has been supplied (Schedule 8 cl 2(2)). Employers who fail to provide required wage notices thereby forfeit discount or incentive amounts.
Upfront discount conditions. Employers who wish to obtain the 3 percent or 5 percent discount must pay in full by the due date, must not elect instalments, and must have notified the insurer of a reasonable wages estimate in accordance with the regulations (clause 4(1)-(2)). If an employer pays in full but has elected instalments or failed to give the wages estimate, the discount may not apply. Note also the $175 minimum premium will reduce the effective benefit of the discount for low premiums (Schedule 5).
Employer excess and notification. The prescribed excess under section 160 is $0 only where the employer notifies the relevant insurance scheme agent of the injury within five days of becoming aware (clause 5). If notification is late, the employer faces a prescribed excess equal to the lesser of the worker’s weekly compensation or $1,999.30. Employers who delay notification therefore shift a material recovery cost onto themselves.
Journey and recess claims excluded from cost-of-claims. For cost-of-claims calculations, clauses specify that journey claims (s 10) and recess claims (s 11) are excluded from the cost of claims used in insurers’ renewal calculations (clause 7(1)). Employers whose claim histories are dominated by those claim types will see them excluded from experience measures, which could be either advantageous or disadvantageous depending on circumstances.
Large-claim cap and CC calculation. CC, the unadjusted cost of an individual claim, is capped at $150,000 for large claim limit purposes or the actual sum of specified payments, whichever is lesser (clause 7(3)). This cap limits the extent to which a single claim inflates an employer’s claim cost measure, but the detailed definitions determine whether a claim is measured inside or outside the cap.
Group membership aggregation. Employers that are members of groups must aggregate wages and tariffs for threshold tests and BTP calculations (Schedule 1 cl 2(2); Schedule 3 cl 1). This aggregation can flip an employer from small to experience-rated status, changing discount entitlements, incentive calculations and exposure to CPA processes.
Transitional adjustment non-disputability. If an employer applies for a downward adjustment under clause 9, the application or adjustment is not a "disputed aspect" under s 170 of the Act (clause 9(5)). This narrows the formal dispute remedies available and may affect an employer’s tactical choices when contesting a premium.
Detailed record-keeping required for allowance exclusions. To exclude motor vehicle or accommodation allowances from the wages base, specific odometer and trip records must be kept, and averaging method choices come with multi-period commitments and replacement rules (Schedule 1 cl 3-7). Failure to keep these records may make the employer unable to exclude allowances, increasing the wages base and premiums.
Minimum premium overrides discounts. Even with discounts and adjustments, the minimum premium rule ($175) may increase the employer’s payable amount relative to a calculated discounted premium, so the nominal discount effect can be smaller or negated for low base premiums (Schedule 5).
Practitioners must therefore ensure payroll, classification and record-keeping systems integrate the Order’s requirements, deliver the requisite returns and notices on time, and verify insurer calculations against the Order’s formulas. The Order embeds many default upward adjustments that are immediately triggered by administrative lapses.
How to comply
Complying with the Order requires attention to classification, accurate and timely wage reporting, methodical record-keeping for allowances, proactive injury notification and responsiveness to insurers and the Nominal Insurer. The practical compliance checklist below maps specific obligations to the relevant clauses and schedules:
Classify the business correctly and allocate wages to classes.
Use Table B to determine the employer’s class (Schedule 1 cl 8(1)).
Allocate parts of total wages to classes in Table A when calculating BTP per Schedule 3 cl 1.
If unsure, provide sufficient documentary material to the insurer to avoid default placement in the highest applicable class (Schedule 3 cl 2(2)).
Provide wages returns and notices on time.
Furnish wage returns as required by the regulations (Schedule 1 cl 9(2); Schedule 1 cl 10).
For small employers, ensure the notice required under clause 147 of the Regulation or the Authority-approved form is supplied so that apprenticeship incentives and RTWI amounts are not defaulted to zero (Schedule 8 cl 2(3)-(4); Schedule 11).
Be aware that failing to supply returns can trigger 1.3 uplifts on prior wages or take incentives to zero (Schedule 1 cl 9(3); Schedule 8 cl 2(2)).
Keep required records to exclude allowances from wages.
If excluding motor vehicle allowance, choose continuous recording or averaging method (Schedule 1 cl 3(3)).
Continuous method requires odometer readings for each business journey and purpose records (Schedule 1 cl 4).
Averaging method requires a 12-week odometer record in the first period and rules for carrying percentages forward for up to four succeeding periods (Schedule 1 cl 5-6). Record replacements and vehicle swaps must be documented (Schedule 1 cl 7).
For accommodation allowances, apply award-specified rates if applicable or else use the prescribed $253.25 per night cap (Schedule 1 cl 3(4)) and document actual payments where lower.
Notify injuries promptly to avoid excess.
Notify the relevant insurance scheme agent of any injury that leads to weekly compensation claims as soon as the employer becomes aware; do so within five days to secure a prescribed excess of $0 under clause 5.
Maintain internal procedures and documentation to evidence the timing of notifications.
Consider payment timing to secure discounts.
To obtain the discount on the initial premium, pay the discounted amount in full by the due date, do not elect instalments, and ensure the insurer has a reasonable wages estimate per clause 4(1)-(2).
Check that the discounted payment plus minimum premium rules are understood (Schedule 5).
Monitor claims experience and return-to-work steps.
Track claim costs and return-to-work outcomes because CPA and RTWI calculations use multi-year claim cost measures and specific return-to-work windows (Schedule 4 and clause 7(7) and Schedule 11). Return-to-work outcomes within specified periods produce RTWI% benefits (clause 7(7) Table; Schedule 11).
For group arrangements and business transfers, document status.
Maintain clear records on group membership and any departing members or predecessors because these affect CPM and BTP inputs (Schedule 4 cl 3; Schedule 1 cl 11).
If acquiring a business, document the acquisition and worker transfers to ensure correct application of predecessor history (Schedule 1 cl 11).
Use the Nominal Insurer’s transitional adjustment process if required.
If a new premium percentage is more than 1.3 times the old percentage and the increase is not due solely to specified reclassifications or change of business, consider applying to the Nominal Insurer for a downward adjustment (clause 9(1)-(2)).
Check for and follow Nominal Insurer guidelines on method and criteria (clause 9(3)). Note that such applications are not "disputed aspects" under section 170 (clause 9(5)).
Verify insurer calculations.
Insurers must calculate premiums in accordance with the Order, but employers should obtain a breakdown and verify each element: BTP (Schedule 3), CPA (Schedule 4), ESI/ESR/PD/RTWI/A/M/D/Q as applicable (Schedules 7-13).
Where insurers re-calculate following reimbursement requests or other post-renewal events, seek written confirmation of the recalculation and basis (clause 7(5)).
Keep up to date with Gazette notices and guidelines.
Table A, B and C are published by Gazette reference (Schedules 14-16 editorial notes) and may change; check the Gazette for the applicable tables for the policy period.
The PD% is notified in the Gazette under Schedule 13; verify the PD% in effect for the policy period.
Obtain and follow any Authority or Nominal Insurer guidelines relevant to apprenticeship incentives, premium reduction applications or record-keeping (Schedule 6 cl 4; clause 9(3)).
Practical evidence collection and systems steps:
Payroll systems should be configured to produce the wage allocation by class required by Schedule 3, with the capacity to produce the second-last and third-last period wage returns insurers need for CPM/CPA input.
Fleet and travel management processes should capture odometer readings and trip purposes contemporaneously to support either continuous or averaging methods.
Human resources onboarding processes should capture and document apprenticeship contracts and continuity of employment where Schedule 6 reductions may apply.
Internal incident reporting procedures should ensure the five-day notification window under clause 5 is met and evidenced.
Following these steps aligns employers with the Order’s prescriptive triggers and prevents default rules that raise premiums. Employers should also consult the insurer and the Nominal Insurer’s published guidelines where available to ensure procedural compliance and to confirm the insurer’s interpretation of the Order’s formulas in a given renewal.
Section 6Late payment prescribed rates: sections 170 (8) and 172 (5) of Act
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.
A is the apprentice incentive amount, if any, for the employer calculated with respect to the period of insurance in accordance with Schedule 8.
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.
4 Discount available for premiums paid in full
4 Discount available for premiums paid in full
4 Discount available for premiums paid in full
(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:
(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
(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
(c) the employer has not elected to pay the premium by instalments, and
(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.
Note—
Clause 147 of the Workers Compensation Regulation 2010 requires an employer to notify the insurer concerned of the matter referred to in paragraph (d).
(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:
(a) the period of insurance to which the policy relates is:
(i) 12 months, or
(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
(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
(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
(c) the small employer has not elected to pay the premium by instalments.
5 Recovery of excess from employer: section 160 of Act
5 Recovery of excess from employer: section 160 of Act
5 Recovery of excess from employer: section 160 of Act
For the purposes of the definition of prescribed excess amount in section 160 (1) of the Act, the following excess amount is specified:
(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,
(b) in all other cases—the lesser of the following:
(i) the amount that is the weekly payment of compensation to which the worker is entitled as determined by section 36 of the Act,
(ii) $1,999.30.
Note—
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.
6 Late payment prescribed rates: sections 170 (8) and 172 (5) of Act
6 Late payment prescribed rates: sections 170 (8) and 172 (5) of Act
6 Late payment prescribed rates: sections 170 (8) and 172 (5) of Act
For the purposes of sections 170 (8) and 172 (5) of the Act, the prescribed rate is 0.825% per month compounded monthly.
7 Cost of claims: clause 152 (1) (a1) of the Regulation
7 Cost of claims: clause 152 (1) (a1) of the Regulation
7 Cost of claims: clause 152 (1) (a1) of the Regulation
(1) For the purposes of clause 152 (1) (a1) of the Workers Compensation Regulation 2010, 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.
Note—
Clause 152 (1) of the Workers Compensation Regulation 2010 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.
(2) In subclause (1), the cost of an individual claim (C) is to be calculated using the following formula:
where:
C is the cost of the individual claim.
CC is the unadjusted costs of the individual claim calculated in accordance with subclauses (3)–(5).
R% is the amount recovered as a percentage of the total cost of an individual claim calculated in accordance with subclause (6).
RTWI% is the return to work incentive percentage for the employer and is:
(a) for a small employer—0, and
(b) for an experience-rated employer—calculated with respect to the period of insurance in accordance with subclause (7).
(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:
(a) weekly compensation payments, if any, made by the insurer in respect of the claim pursuant to the Act,
(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,
(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,
(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,
(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,
(f) the payments, if any, of damages at common law and under the Compensation to Relatives Act 1897 made by the insurer either in satisfaction of judgments relating to the claim or in settlement of the claim,
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).
(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.
(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.
(6) In subclause (2), R% is to be calculated using the following formula:
where:
R is the sum of amounts recovered by the insurer in relation to any individual claim, but:
(a) does not exceed TCC, and
(b) does not include amounts recovered under section 160 of the Act.
TCC is the total cost of an individual claim calculated in accordance with clauses 152–155 of the Workers Compensation Regulation 2010 as if the policy were issued so as to take effect immediately before 4 pm on 30 June 2015.
(7) In subclause (2), the return to work incentive percentage RTWI% for an experience-rated employer is to be calculated as follows:
(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,
Table
| Column 1 | Column 2 |
| Return to work period after date of injury: | RTWI% |
| Less than 13 weeks | 0.15 |
| 13 weeks or greater but less than 26 weeks | 0.1 |
| 26 weeks or greater but less than 52 weeks | 0.05 |
(b) in any other case, in accordance with the following formula:
(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.
8 Exemption limit for certain employers: section 155AA (8) of Act
8 Exemption limit for certain employers: section 155AA (8) of Act
8 Exemption limit for certain employers: section 155AA (8) of Act
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:
(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,
(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) to hold a policy of insurance with Racing NSW, regardless of whether the employer carries on any other business.
Note—
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.
9 Transitional adjustment provision
9 Transitional adjustment provision
9 Transitional adjustment provision
(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.
(2) This clause does not apply if the new premium percentage rate is greater than the old premium percentage rate solely because of:
(a) a change to a classification under the Insurance Premiums Order 2014–2015 to a classification under this Order (both classifications being correct), or
(b) a change of business activity.
(3) The Nominal Insurer may issue guidelines for or with respect to any of the following:
(a) the manner in which applications under this clause are to be made,
(b) criteria for determining how downward adjustments are calculated,
(c) other matters relevant to the transition to the calculation of premiums under this Order.
(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.
(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.
(6) In this clause:
new premium percentage rate, in relation to an employer, means a percentage rate calculated in accordance with the following formula:
where:
BTP is the basic tariff premium for the employer, calculated with respect to the period of insurance in accordance with
This is an opening excerpt, not the complete document.