The core concepts that govern operation of this Order are: retro‑paid loss premium policies, deposit premium, adjusted premium, required deposit, adjustment dates, experience adjustment factor, claims adjustment factor, group treatment, and the bounding parameters Pmin and Pmax. Each concept is defined or given operational effect in the Order and its Schedules.

• Retro‑paid loss premium policies: The Order applies only to policies for employers eligible for the optional alternative premium method under s 168A of the Act, which the instrument describes as retro‑paid loss premium policies (cl 4(1)). The Order is therefore an implementation instrument for that statutory optional method.

• Deposit premium and adjusted premium: The deposit premium is the premium calculated at policy commencement; the adjusted premium is the recalculated premium at each adjustment date. The method for computing the deposit and adjusted premium for single employers is in Schedule 1 cl 1, and for group members in Schedule 2 (sch 1 cl 1; sch 2 cls 2-5).

• Required deposit (RD): Clause 8 prescribes the formula for the required deposit payable by an employer in relation to a policy. Clause 8(1) provides formulae for non‑group employers before and on/after the first adjustment date; clause 8(2) provides corresponding formulae for employers who are members of a group. Those formulae reference variables Pmax, PD, P (and, for groups, PGmax, PGd, PEd, PG, PE). The images in the Order contain the algebraic expressions; the textual provisions define the variables used (cl 8).

• Adjustment dates: The Order defines adjustment dates as five dates measured from the commencement of the period of insurance , 15, 24, 36, 48 and 60 months (cl 3(2) definitions of adjustment date). The first is at 15 months, which is an explicit departure from a simple 12‑month cycle.

• Claims cost and exclusions: “Cost of claims” is adopted from Division 4 of Part 20 of the Workers Compensation Regulation 2003, and Schedule 1 clarifies that when computing C (the total cost of claims) and CG (group total), the cost of journey claims (s 10 of the Act) and recess claims (s 11) are not included (sch 1 cl 2; sch 2 cl 6).

• Experience adjustment factor S (and SG for groups): Schedule 3 provides formulae , S for non‑group employers and SG for groups , tying employer or group basic tariff premiums to experience. The experience adjustment links an employer’s or group’s prior premium base to the adjusted premium calculation (sch 3 cls 1-2).

• Claims adjustment factor V (and VG for groups): Schedule 4 is a fixed table of numeric factors by adjustment date and by the employer’s election of a large claim limit ($350,000 or $500,000). The Order requires the applicable V or VG to be the table entry corresponding to the adjustment date and election made under clause 137(5) of the Workers Compensation Regulation 2003 (sch 4 General; Table).

• Bounding parameters Pmin and Pmax: Schedule 1 defines a maximum premium Pmax and a minimum premium Pmin (which varies by adjustment date grouping) and requires the adjusted premium P to be not less than Pmin and not more than Pmax (sch 1 cl 1(2) and cl 2 definitions). Schedule 2 applies analogous group minima and maxima (sch 2 cl 6).

• Group options: Schedule 2 provides three options for group members when recalculating adjusted premiums (sch 2 cls 3-5). Option 2 contains a conditional fallback to Option 1 where the group claims total CG equals zero (sch 2 cl 4).

Finally, the Order repeatedly incorporates and delegates to the General Order for certain inputs such as the basic tariff premium T, premiums adjustment contribution Q, dust diseases contribution D, Mine Safety Fund adjustment M, and apprentice incentive A (sch 1 cl 2 definitions). Thus the Order operates as a set of modifications layered upon the General Order’s baseline definitions and mechanics (cl 4(4); sch 1 cl 2).

The Order identifies limited and specific classes of affected parties: insurers issuing retro‑paid loss premium policies, employers who choose the optional alternative method under s 168A of the Act, members of employer groups that elect to be treated together, and specialised insurers that may be exempted by the Workers Compensation Regulation 2003.

• Employers eligible and electing the optional method: The Order applies only to “policies of insurance for employers to whom the optional alternative method of calculating premiums under section 168A of the Act applies” , that is, employers who are covered by retro‑paid loss premium policies (cl 4(1)). Employers who do not fall into this optional category are outside the Order’s direct scope.

• Time‑limited cohort: Coverage is temporally restricted to policies that take effect on or after 4 pm on 30 June 2010 and before 4 pm on 30 June 2011 (cl 4(2)). Policies outside that effective date window are unaffected by this instrument. Clause 4(3) provides that if no new retro‑paid loss premium order is made before the 4 pm on 30 June 2011 cutoff, this Order continues to apply to policies taking effect after that time until a new order is made. This produces an administrative continuity effect for a particular generation of policies.

• Employers who are members of groups: Employers that are members of a group are treated differently. Clause 8(2) sets out a distinct required deposit calculation for group members, and Schedule 2 replaces Schedule 1 for such employers (sch 2 cl 1). Schedule 2 offers three options for recalculation of adjusted premiums and sets group‑level minima and maxima (sch 2). Group members are therefore affected both individually and by the aggregated group claims and premium computations.

• Insurers: Insurers issuing qualifying policies must implement the deposit and adjusted premium calculations prescribed by the Schedules, collect the required deposit RD under clause 8, apply the claims and experience adjustment factors, and respect the statutory floor ($175) on any deposit or adjusted premium (cl 7; cl 8; schs 1-4). The Order also ties insurers’ choices to elections made by employers or groups, for example in selecting the large claim limit that determines which claims adjustment factor column (Schedule 4) applies.

• Specialised insurers: The Order expressly does not apply to policies issued or renewed by a specialised insurer that is exempted from insurance premiums orders by clause 147 of the Workers Compensation Regulation 2003 (cl 4(5)). Therefore some insurers and their policies are excluded from the prescribed mechanics.

• Regulatory bodies: The Order references the General Order and the Workers Compensation Regulation 2003 for definitions, inputs, and exemptions. Regulators administering those instruments will therefore have a role in ensuring consistent definitions and in determining qualifying elections such as the large claim limit under clause 137(5) of the Regulation, which directly affects the numeric factors used (cl 3(2); sch 4).

Who pays and who decides: Employers pay the deposit premium and any adjusted premium determined under the Order; insurers calculate and collect the required deposit RD when the policy is issued (cl 8). Group membership and the group’s option choice determine which Schedule and option apply (sch 2 cl 1, cls 3-5). Employers or groups make the large claim limit election that determines whether Schedule 4 Column 2 or Column 3 applies (sch 4 General).

Finally, the Order’s applicability is bounded by the specific legal and temporal parameters it sets; only policies within the stated date range and issued to eligible employers are affected (cl 4(2)-(3)). The source contains no broader programmatic coverage or retrospective application beyond those dates.

The Order imposes duties on insurers and creates predictable rights and constraints for employers and groups by prescribing the formulas, inputs, timing, and bounds for premium calculation. The key operational duties and rights are as follows.

Duties placed on insurers and employers

• Calculate and collect the deposit premium at commencement: Insurers must calculate the deposit premium at the commencement of the period of insurance in accordance with Schedule 1 (for non‑group employers) or Schedule 2 (for group members). Schedule 1 cl 1(1) and Schedule 2 cl 2 set out the deposit premium calculation methods and the variables involved (sch 1 cl 1; sch 2 cl 2).

• Recalculate premiums at each adjustment date: Insurers must recalculate premiums at each adjustment date (15, 24, 36, 48 and 60 months after commencement) following the Schedule that applies (sch 1 cl 1(2); cl 3(2) definition). The adjusted premium P must respect the minimum and maximum bounds Pmin and Pmax (sch 1 cl 1(2); sch 1 cl 2 definitions).

• Collect the required deposit RD: Clause 8 requires calculation of a required deposit for the employer at policy inception. Clause 8(1) gives a formula before the first adjustment date and a formula on and from the first adjustment date. Clause 8(2) provides distinct formulae where the employer is a member of a group. The result determines the deposit the insurer must require.

• Apply experience and claims adjustment factors: Insurers must apply the experience adjustment factor S (or SG for groups) as calculated in Schedule 3, and the claims adjustment factor V (or VG for groups) as fixed in Schedule 4 for each adjustment date (schs 3-4). The Schedule 4 table instructs insurers which numeric factor applies depending on the chosen large claim limit ($350,000 or $500,000) and the adjustment date.

• Respect statutory floor: No deposit premium or adjusted premium can be less than $175. The obligation to ensure this floor rests on the insurer setting and collecting premiums (cl 7).

Rights and constraints for employers and groups

• Right to elect the optional method and large claim limit: Employers eligible under section 168A exercise the right to obtain policies under this retro‑paid loss premium arrangement (cl 4(1)). Employers or groups electing the large claim limit have that election feed into which column of Schedule 4 applies (sch 4 General).

• Bound on premium volatility: The Order constrains the adjusted premium within Pmin and Pmax, and sets a minimum of $175. These caps and floors create limitations on how low or high the adjusted premium may be at adjustment dates (sch 1 cl 1(2); sch 1 cl 2).

• Group‑level consequences: Employers who are members of a group create interdependency. The group’s aggregated claims CG, group experience SG, and group premium PG feed into the individual employer’s required deposit and adjusted premium through the group formulae in clause 8(2) and Schedule 2. Group options determine the calculation method (sch 2).

Delegation and reference duties

• Use of General Order inputs: Several inputs such as the basic tariff premium T, adjustments Q, D, M, and incentives A are to be calculated in accordance with the General Order (sch 1 cl 2 definitions). Insurers must therefore reference the General Order when computing these elements.

• Exclusions from claims totals: When computing cost of claims C or CG, the Order excludes journey claims (s 10) and recess claims (s 11) from the totals used in the premium formulae (sch 1 cl 2; sch 2 cl 6). Insurers must ensure those claim types are not included in C or CG.

Absent explicit enforcement provisions

• No penalty provisions in the Order: The text of this Order contains no express criminal or civil penalty provisions for non‑compliance with its formulas. Clause 4(4) instructs that the General Order applies unless this Order provides otherwise, so enforcement mechanisms, disputes and remedies are likely governed by the Act and the General Order, but the Order itself does not create or repeat those enforcement clauses.

Operationally, the Order converts actuarial and claims data inputs into legally binding premium outcomes by requiring insurers to calculate RD, collect the deposit, and perform staged recalculations at set dates using Schedule 3 and Schedule 4 factors, while referencing the General Order for several other inputs. Employers retain rights to elect the scheme and the large claim limit, while groups alter the calculation pathways for member employers.

The Order itself contains no express penalty provisions or administrative enforcement machinery. The instrument sets calculation and timing obligations but does not, within its text, specify sanctions, penalty rates, infringement notices, or enforcement procedures for failure to comply with its formulae or timeframes. That absence is material and must be noted: the Order’s text confines itself to defining method and scope, and delegates broader regulatory context to the General Order and the Act by cross‑reference.

Relevant cross‑references that may carry enforcement consequences

• General Order: Clause 4(4) provides that the General Order (other than clauses 3 and 4) applies to retro‑paid loss premium policies unless this Order provides otherwise. Therefore, any enforcement, administrative penalty, dispute resolution process or regulatory obligation contained in the General Order will continue to be relevant for retro‑paid loss premium policies, except to the extent this Order modifies those specific clauses. The Order does not replicate or restate the General Order’s enforcement provisions; it relies on that instrument to supply the regulatory context.

• The Act: The Order implements an alternative method authorised by section 168A of the Act and refers to section 172A in the heading to clause 8. Enforcement mechanisms, licensing, penalties, or dispute resolution under the Act will therefore be the primary statutory vehicles for addressing non‑compliance, but the Order contains no independent penalty clauses of its own.

Practical implications of the textual silence on penalties

• Compliance risk remains regulatory and contractual: Breach of the Order’s calculation rules would, in practice, expose an insurer to regulatory scrutiny under the Act and the General Order, or to contractual claims by employers if premiums were miscalculated. The Order does not create a separate penalty framework; users of the Order must therefore look to the Act and the General Order for formal enforcement processes.

• Auditor and actuary responsibilities: Because the Order prescribes precise formulae and numeric factors, insurers and their advisers have a practical duty to document and demonstrate that deposit and adjusted premiums were calculated in accordance with schs 1-4 and cl 8. Auditors, actuaries, and compliance officers will need to rely on the Order’s prescriptions when forming opinions or producing evidence for regulatory purpose. Again, the Order does not create statutory audit powers; it provides the technical standard that compliance exercises must measure against.

• Record keeping and potential disputes: The Order’s exclusion of certain claim types from C and CG (journey and recess claims) and its dependence on elections such as the large claim limit create specific points of factual dispute that would be resolved under the broader statutory and regulatory dispute mechanisms rather than by the Order itself. The Order prescribes mechanics; the Act and General Order will determine remedies available if those mechanics are not observed.

In short, the Order is silent on standalone penalties. Enforcement and sanctions are to be sought under the Act and the General Order, which remain applicable unless explicitly displaced. This means stakeholders should consult the General Order and the Act for the procedural routes and penalties that apply to non‑compliance with the premium calculation rules set out here.

This Order is interwoven with the General Order and the Workers Compensation Regulation 2003, and it operates under the statutory authority of the Act’s provisions it implements. The Order explicitly cross‑references and relies upon those instruments for definitions, elections, and inputs to the premium calculations.

Cross‑references and delegated inputs

• The General Order: Clause 3(1) states that words and expressions have the same meanings as in the General Order unless this Order provides otherwise. Clause 4(4) expressly provides that the General Order (other than clauses 3 and 4) applies to retro‑paid loss premium policies unless this Order provides otherwise. Several inputs required by the Schedules , including the basic tariff premium T, the premiums adjustment contribution Q, the dust diseases contribution D, the Mine Safety Fund premium adjustment M, and the apprentice incentive A , are to be calculated in accordance with the General Order (sch 1 cl 2 definitions; sch 2 cl 6 TE/TG definitions). That makes the General Order a mandatory source for key variables used in the deposit and adjusted premium formulae.

• The Workers Compensation Regulation 2003: Clause 3(2) adopts the definition of “cost of claims” from Division 4 of Part 20 of the Workers Compensation Regulation 2003. Schedule 4 also refers to clause 137(5) of that Regulation regarding the employer’s election of a large claim limit, which determines whether the $350,000 column or the $500,000 column of Schedule 4 applies. Clause 4(5) exempts policies issued by specialised insurers that have the exemption in clause 147 of the Workers Compensation Regulation 2003. Therefore the Order depends on the Regulation both for substantive definitions and for eligibility/exemption mechanics.

• The Act (sectional cross‑references): The Order implements the optional method referred to in section 168A of the Act; clause 6 explicitly states that, for the purposes of s 168A, the alternative method is as set out in this Order. Clause 8 is headed “Calculation of required deposit: section 172A of Act,” indicating that the required deposit mechanism is tied to s 172A. Although the Order does not reproduce the Act’s enforcement or administrative provisions, it is a subordinate instrument adopted under the Act’s powers and must be read consistently with the Act.

Operational interactions and dependencies

• Input consistency: Because many variables used in the premium formulas are to be calculated “in accordance with the General Order,” any change in the General Order’s methodology will directly alter premium outcomes under this Order. Insurers and employers therefore must maintain consistency between the two instruments when computing T, Q, D, M, and A.

• Exclusion of certain claims: The Order’s treatment of “cost of claims” excludes journey claims and recess claims from C and CG when computing premiums (sch 1 cl 2; sch 2 cl 6). Those exclusions are defined by reference to sections of the Act; accurate classification of claims under the Act and the Regulation therefore affects premium calculations under the Order.

• Election effects: The large claim limit election under clause 137(5) of the Workers Compensation Regulation 2003 determines which column of Schedule 4 applies. That election is governed by the Regulation and feeds directly into the Order’s numeric factors V and VG.

• Temporal interface: Clause 4(3) creates an interaction with the regime for making annual insurance premiums orders. If no subsequent retro‑paid loss premium order is made before 4 pm on 30 June 2011, this Order continues to apply to policies taking effect thereafter pending the making of a new order. Thus the Order provides continuity in the absence of a successor instrument and creates a temporal bridge in the regulatory framework.

Areas the Order leaves to other instruments

• Enforcement and remedies: The Order does not include specific penalty clauses or enforcement processes. Those are the province of the Act and the General Order. Stakeholders seeking to enforce compliance with the premium calculation mechanics will need to rely on the Act and the General Order for available remedies and procedures.

• Definitions and input calculation methods not repeated: Several technical definitions and calculation methodologies are not reproduced in this Order but are delegated to the General Order and the Regulation. Practitioners must consult those instruments when computing premiums.

In summary, this Order functions as a narrowly scoped, technical implementing instrument that must be read and applied in conjunction with the General Order, the Act, and the Workers Compensation Regulation 2003. It supplies specific premium mechanics and numeric factors while relying on other instruments for definitions, exemptions, material inputs, elections and enforcement regimes.

The instrument provided is the Insurance Premiums Order (Retro‑Paid Loss Premium Method) 2010-2011, and its own text contains the key temporal and continuity provisions rather than a sequence of amendments. The Order identifies itself by name at cl 1 and specifies commencement and publication requirements in cl 2. The text contains no internal amendment clauses or schedules indicating subsequent variations to its content. The relevant items in the text that relate to amendment and temporal operation are as follows.

• Name and commencement: Clause 1 sets the Order’s name as the Insurance Premiums Order (Retro‑Paid Loss Premium Method) 2010-2011. Clause 2 fixes commencement at 4 pm on 30 June 2010 and requires publication in the Gazette.

• Temporal scope and continuity: Clause 4(2) restricts application to policies issued or renewed so as to take effect on or after 4 pm on 30 June 2010 and before 4 pm on 30 June 2011. Clause 4(3) provides a continuity mechanism: if, before 4 pm on 30 June 2011, no subsequent insurance premiums order applying only to retro‑paid loss premium policies has been made, this Order continues to apply to policies taking effect on or after that time pending the making of such an order.

• Dependence on the General Order: Clause 3(2) defines “General Order” to mean the Insurance Premiums Order 2010-2011, or, if no such order has been made, the Insurance Premiums Order 2009-2010. This provides a fallback reference in the event the contemporaneous General Order has not been made. Clause 4(4) states that the General Order (other than clauses 3 and 4) applies to retro‑paid loss premium policies unless this Order provides otherwise. The two instruments therefore have a dependent relationship that could change if either instrument is amended.

• Schedules as part of the Order: Clause 9 declares that Schedules 1-4 form part of the Order. Any amendment to the Order would therefore involve amendment to one or more Schedules as well. No amendment provisions or transitional modifications beyond clauses 4(2)-(3) and cl 9 appear in the text provided.

• No internal amendment history recorded in instrument: The Order as provided contains no marginal notes, amendment footnotes, or replication of prior versions. The document, as given, does not record prior amendments, revocations, or supersessions beyond the naming and date parameters it sets out. Any historical amendments, revocations or replacements would need to be identified by consulting statute compilation records or Gazette notices external to the text presented.

Practical reading for practitioners

• Treat the Order as time‑stamped: The Order is explicitly dated to the 2010-2011 ordering cycle and contains a mechanism to continue operation pending the making of a successor order. Practitioners should therefore treat it as the relevant instrument for the specified policy effective dates and check for the existence of a later retro‑paid loss premium order that might have replaced it.

• Check the General Order counterpart: Because the Order refers to the General Order 2010-2011 (or 2009-2010 as fallback) for key inputs, any amendments to the General Order in the same timeframe may change computation outcomes for premiums under this Order. Amendment history of the General Order is therefore material for assessing changes in premium mechanics.

• External records required to track changes: The instrument does not itself list amendments. To establish a complete amendment history, users must consult Gazette records, the legislative instrument register, or the consolidated compilation of subordinate legislation for subsequent revocations, replacements or variations.

In sum, the Order is self‑contained for the 2010-2011 period with a built‑in continuity clause, but it contains no explicit amendment trail within its text. Practitioners should verify whether later retro‑paid loss premium orders or modifications exist and review the related General Order for concurrent amendments.

The text of the Order does not reference any court decisions, tribunal determinations, or litigation concerning its provisions. It names no cases, and contains no annotations reflecting judicial interpretation.

What the Order contains

• No judicial citations: The instrument includes no references to litigation, judicial decisions, or legal interpretations of its provisions. It is a technical subordinate instrument that sets calculation mechanics without comment on disputes or litigation.

• Dependence on other instruments that may have litigation: Although the Order itself contains no litigation history, it cross‑references the General Order and the Workers Compensation Regulation 2003. Any litigation that touches on premium calculation methodology, interpretation of definitions, or enforcement is therefore more likely to be found in cases addressing those instruments or the Act itself rather than in this Order’s text.

Practical implications for researchers

• Seek external sources for case law: To establish whether any disputes have arisen about the retro‑paid loss premium method or the specific formulae in the Schedules, researchers will need to search court and tribunal databases citing the Act, the General Order, and the relevant regulation. The Order does not provide internal pointers to decisions.

• Administrative review and appeals: Disputes about premiums calculated under this Order would be resolved through the dispute resolution and appeal processes established by the Act and the General Order. The Order’s silence on litigation suggests that any contested interpretations would proceed under those broader statutory dispute mechanisms.

• Documented arguments and enforcement outcomes not in instrument: Because enforcement, remedies and penalty provisions are not included in the Order, litigation records relating to non‑compliance would be found in the Act’s enforcement context or in proceedings brought under general administrative law principles.

Therefore, the instrument as provided contains no litigation history. Analysts and practitioners must consult external legal databases and administrative records to identify any reported cases, regulatory decisions, or disputes that concern the retro‑paid loss premium method or the specific numerical factors and formulae prescribed here.

The Order contains several technical traps for the unwary, driven by its numeric tables, cross‑references, exclusions, option structures and time windows. The following are concrete operational “gotchas” that arise directly from the Order’s text.

1. Statutory minimum $175 applies both to deposit and adjusted premiums (cl 7). Even if formulae would produce a lower number, the insurer may not charge less than $175.

2. Adjustment dates are not annual from commencement; the first adjustment date is 15 months after commencement, not 12 months (cl 3(2) definition). This staggered timing can catch administrators expecting a 12‑month first adjustment.

3. Required deposit RD has distinct formulae depending on group membership (cl 8(1)-(2)). If an employer is a member of a group, the non‑group RD formula does not apply; the group RD formula must be used. Misclassifying an employer as non‑group or group will alter the required deposit calculation materially.

4. Group options alter recalculation method and can produce materially different outcomes (sch 2 cls 3-5). Schedule 2 offers three options for recalculation for group members, and Option 2 contains an explicit fallback to Option 1 if the group claims total CG equals zero (sch 2 cl 4). Administrators must know which option the group has selected and whether CG equals zero at the relevant time.

5. Certain claims are excluded from C and CG totals (sch 1 cl 2; sch 2 cl 6). The Order expressly excludes the cost of journey claims (s 10 of the Act) and recess claims (s 11 of the Act) from C and CG. Misclassification of these claims will distort C/CG and therefore P and RD.

6. Experience and claims adjustment factors are formulaic or tabulated but not adjustable for individual acts of discretion (schs 3-4). Schedule 4 supplies fixed numeric factors by adjustment date and by election of a $350,000 or $500,000 large claim limit. The choice of limit is significant and determined under clause 137(5) of the Workers Compensation Regulation 2003. An incorrect election or failure to account for the election will produce the wrong V/VG.

7. The Order relies on the General Order for key inputs: T, Q, D, M and A (sch 1 cl 2). If the General Order changes, these inputs change. Practitioners must synchronise computation methods with the General Order applicable to the same policy period.

8. Pmin differs depending on which adjustment date is being calculated (sch 1 cl 2 definitions). The minimum premium applicable at the first or second adjustment date uses one formula, whereas the third to fifth adjustment dates use a different formula. Using the wrong Pmin will misstate the permissible lower bound for P.

9. The Order’s temporal scope is narrow but contains a continuity clause (cl 4(2)-(3)). The Order applies to policies that take effect between 4 pm 30 June 2010 and 4 pm 30 June 2011. If administrators rely on this Order for policies outside that window, they must be careful: the clause 4(3) continuity provision only saves the Order in the specific event that no successor retro‑paid loss premium order is made before 30 June 2011. Do not assume applicability beyond that unless a successor order is absent.

10. No penalties in the instrument (see “Penalties and enforcement”): The Order does not specify enforcement or penalties. Practitioners should not expect to find sanctioning or dispute resolution mechanics in this instrument itself; those are in the Act and the General Order.

11. Definitions rely on external instruments (cl 3(2), schs 1-2). The Order’s definitions of “cost of claims,” the General Order, and references to clause numbers in the Workers Compensation Regulation require cross‑consultation. Assume that correct computation requires reading the General Order and parts of the Regulation.

12. Schedules are statutory (cl 9). The Schedules are not administrative guidance. They form part of the Order and must be applied as law.

13. Numeric factors may look small but affect long‑tail outcomes: The V/VG factors in Schedule 4 vary across adjustment dates and between $350,000 and $500,000 large claim limits. Small differences in those factors can produce non‑trivial changes in adjusted premiums when applied to long‑tail claim cost totals C and CG.

Each of these items is directly sourced from the Order’s text: the statutory minimum is cl 7; the adjustment dates are cl 3(2); RD formula distinctions are cl 8(1)-(2); group options are sch 2 cls 3-5 and the CG = 0 fallback is sch 2 cl 4; claim exclusions appear in sch 1 cl 2 and sch 2 cl 6; Schedule 4 provides the table and the reference to clause 137(5) of the Regulation. Practitioners must therefore ensure correct classification, timing, election choices, and cross‑instrument consistency to avoid misapplication.

Compliance requires implementing the prescribed formulae and workflows, coordinating with the General Order and the Workers Compensation Regulation 2003, and maintaining records sufficient to demonstrate correct computation at each step. The following is a practical checklist and process map grounded in the Order’s text.

1. Confirm eligibility and temporal scope (cl 4(1)-(3))

   • Verify the employer is eligible for the optional retro‑paid loss premium method under section 168A of the Act; the Order applies only to such employers (cl 4(1)).
   • Confirm the policy effective date falls within the Order’s application window: on or after 4 pm 30 June 2010 and before 4 pm 30 June 2011 (cl 4(2)). If a successor order has not been made by 4 pm 30 June 2011, clause 4(3) keeps this Order in force for subsequent policies until a new order is made.

2. Determine whether Schedule 1 or Schedule 2 applies (sch 2 cl 1; sch 1 cl 1)

   • If the employer is a member of a group, Schedule 2 applies and Schedule 1 is displaced (sch 2 cl 1).
   • If not a member of a group, use Schedule 1.

3. Calculate the deposit premium at commencement (sch 1 cl 1(1); sch 2 cl 2)

   • Compute the deposit premium PD per the applicable Schedule’s cl 1 or cl 2 formula.
   • Use the General Order to obtain any required inputs such as basic tariff premium T, premiums adjustment contribution Q, dust diseases contribution D, Mine Safety Fund adjustment M, and apprentice incentive A (sch 1 cl 2 definitions).

4. Compute and require the required deposit RD (cl 8(1)-(2))

   • For a non‑group employer, use the formula in cl 8(1) to calculate RD before the first adjustment date and on and from the first adjustment date.
   • For a group member, use the formula in cl 8(2), which references group totals PGmax, PGd, PEd, PG and PE defined in Schedule 2.
   • Collect RD at policy issuance in accordance with the calculated amount.

5. Apply the statutory floor (cl 7)

   • Ensure that neither PD nor any adjusted premium is less than $175.
   • If a formulaic result is below $175, the insurer must charge $175.

6. Track and exclude specified claim types (sch 1 cl 2; sch 2 cl 6)

   • Maintain claims records that separately identify journey claims (s 10) and recess claims (s 11) because these are excluded from C and CG in the premium calculations.
   • Compute C (and CG for groups) excluding those claim categories.

7. Calculate experience adjustment factor S (or SG) (sch 3)

   • Use Schedule 3 to compute S for non‑group employers, or SG for groups, using the basic tariff premium T or TG as defined.
   • Ensure T and TG are computed in accordance with the General Order’s Schedule 3 for the relevant period.

8. Determine the claims adjustment factor V (or VG) (sch 4)

   • Ensure the employer or group has elected a large claim limit under clause 137(5) of the Workers Compensation Regulation 2003; that election determines whether to use the $350,000 column (Column 2) or the $500,000 column (Column 3) in Schedule 4.
   • Apply the Schedule 4 numeric factor corresponding to the relevant adjustment date.

9. Recalculate adjusted premiums at each adjustment date (sch 1 cl 1(2); sch 2 cls 3-5)

   • For each adjustment date (15, 24, 36, 48, 60 months after commencement , cl 3(2)), recalculate the adjusted premium P per the applicable Schedule and option.
   • Ensure the adjusted premium P is bounded between Pmin and Pmax as defined in Schedule 1 (sch 1 cl 1(2) and cl 2 definitions) or the analogous group bounds in Schedule 2.
   • For group members, ensure the group’s chosen option (Option 1, 2 or 3) is followed. If Option 2 applies but CG = 0, then use Option 1 formula (sch 2 cl 4).

10. Document computations and elections

    • Keep contemporaneous records showing the inputs used and referencing the General Order calculations for T, Q, D, M and A.
    • Document the large claim limit election under clause 137(5) of the Regulation and any group option selection, with dates and authorisations.

11. Reconcile and communicate premium adjustments

    • Notify employers at the times and in the manner required by the insurer’s contractual or regulatory obligations; the Order prescribes computation mechanics but not notice procedures, which are to be found in the Act and the General Order.
    • Ensure any premium adjustments respect the statutory minimum and the Pmin/Pmax bounds.

12. Audit and compliance controls

    • Set up audit trails that demonstrate compliance with Schedule 4 numeric factors and Schedule 3 experience adjustment methods.
    • Conduct reviews to ensure journey and recess claims are excluded from C and CG.

13. Check for exemptions and special insurers (cl 4(5))

    • Confirm whether the insurer is a specialised insurer exempted by clause 147 of the Workers Compensation Regulation 2003. If so, the Order does not apply to policies issued or renewed by that insurer.

14. Monitor for successor orders and General Order amendments (cl 4(3); cl 3(2))

    • If the policy period overlaps an ordering transition, monitor whether a successor retro‑paid loss premium order has been made before 4 pm 30 June 2011. If a successor order exists, apply the successor; if none exists, this Order continues to apply pending a replacement (cl 4(3)).
    • Monitor the General Order for changes to T, Q, D, M and A calculation methods and adopt updated inputs as required.

By following these steps and retaining documentary proof of inputs and calculations, insurers and employers can demonstrate that deposit and adjusted premiums have been calculated in accordance with the Order. The crucial compliance tasks are accurate classification of group membership, precise computation of C and CG with the specified exclusions, correct application of Schedule 3 and Schedule 4 factors, respect for Pmin/Pmax and the $175 minimum, and contemporaneous documentation of elections and options that determine which numeric tables or formulae apply.